Principle Of Equity Of School Sports Injury Accidents

In the promotion of growing economy, the educational career of China has achieved a rapid development. The number of students keeps increasing and students’ growth safety has become controversial. So do the issues of dealing with the students’ injury accidents. The injury accidents in physical education occupy a large proportion in the injury accidents. Due to the unclear law system about injury accidents in physical education and the increasing number of the only child, it could be more difficult to deal with the accidents. Once the injury accident in physical education happens, it will cause a series of bad effects on the students, teachers, school etc.The liability principle in tort law is to determine the actor’s tort civil liability. Therefore, to identify the injury accidents in physical education has important practical significance and theoretical value. The equitable liability is also known as the balance liability, which is clearly defined in the132nd article of the General Principles of the Civil Law. It clearly stipulates:If the parties have not caused damage with fault; the victim’s loss could be shared by the parties according to the actual situation. In addition, the24th article of the General Principles of the Civil Law also makes the same states. The legislation is not clear whether the school should undertake the equitable liability in the field of the injury accidents in physical education. Scholars have different opinions. And the situation that similar cases apply different liability principles in the court also appeared in judicial practice. Therefore, to discuss whether the equitable liability principle in the injury accidents in physical education has the vital significance.The paper firstly gives the definition of injury accidents in physical education. And it makes a clear state of the scope and classification of the injury accidents in physical education. Secondly, this paper uses the case analysis to analyze the differences which are appropriate to the equitable liability in practice. And it illustrates that the equitable liability is applicable in the injury accidents in physical education. And it uses the method of literature to analyze the different views on the equitable liability principle in theory circle in the injury accidents in physical education. In addition, this paper analyzes the causes of differences based on different views in the judicial practice and theory. Finally, it is the important and difficult points in this paper. This part intends to start from the basic features of the equitable liability principle, explains the equitable liability principle in theory is not applicable in injury accidents in physical education and makes a clear state that the school only takes responsibility of fault liability and presumption of fault liability.