Middle School Students’ Physical Education Injury Accident Analysis Of The Legal Responsibility

In recent years, in the campus of accidents occurred frequently, middle school students’ physical education injury accident has become the focus of social attention,now because there is no specific legislation in the physical education injury accidents in China, also did not establish a complete system of physical education injury accident treatment system. In the event of school physical education injury accident caused disputes extremely easily, cause damage to the student, not only will a series of adverse effects on the teachers, schools, etc. How fair and quickly solve injury accident has become an important problem to protect the interests of the schools and students both sides.From the Angle of law, this paper USES the case analysis, expert interviews and other research methods to analyze the argument. This article mainly for middle school students’ physical education are the definition, classification and characteristics of middle school students’ physical education injury accidents, the legal relations between the school and middle school students, middle school students’ physicaleducation injury accident law imputation principle analysis, middle school students’ physical education are the legal responsibility subject analysis, middle school physical educations are the way of legal responsibility analysis this study six parts. Trying to promote the further perfect of sports legal system, as well as the school sports undertaking and safety and health of middle school students grow out of a force. The research says:1, high school students is a special law group. Middle school students is not only a college student, but also a special legal people, to deal with this particular legal people physical education injury accidents is of great significance, is necessary to clarify and discuss in theory, in the perspective of judicial practice, the research results can guide and reference.2, made clear the legal relations of the school and middle school students, mainly on education, protection and management of legal relationship. Other three relations said in the paper are not reasonable.3, identify and analysis of middle school students’ physical education injury accidents according to the applicable law, should be around the act of tort liability and the generalprinciples of the civil law. Because of the two laws in schools and other education institutions damage problems of general rules, and for us to deal with students physical education injury accidents have laid a solid legal basis.4, for middle school students’ physical education are the legal responsibility of subject cannot treat as the same, should be specific analysis. Has the school responsibility, also has its own responsibility, also covers the family responsibilities, the third person responsibility and liability.5, middle school students’ physical education injury accident shall apply the principle of fault liability in judicial trial, shall not apply to the principle of no-fault liability and fair liability. For fault liability can make concrete analysis according to behave in a different way.6, deal with middle school students’ physical education injury accident shall establish linkage mechanism. School the education administrative department should be established as soon as possible the accident investigation team temporarily, schools and parents to deal with injury accident; Schools should set a positive right awareness, improve the sports facilities, develop scientific safety standards of physical education teaching, at the same time to strengthen the safetyeducation of teachers and students as well as the management of the sports venues and facilities; Should be with the popularity of social insurance business school and middle school students to reduce the economic pressure; Middle school students and family should actively cooperate with the school to prevent the accident, once happened, close cooperation, friendly consultation, properly solve.