Improvement To Legal Liability System For School Sports Injury

As an important part of education in China, school sports' purpose is to enhance students'physical quality and mental health by cultivating their interest, attitudes, habits, knowledge, ability, moral and will quality, which is very important to improve the level of national sports. With comprehensive promotion of the quality education and gradual attention of the PCC and the State Council to the school sports, school sports make great progress in quality and quantity for recent years. However, as a kind of sport activity with competition, school sports have a certain potential risk bringing all sorts of risks in the process of activities, which eventually results in the school sports injuryThe first part has a further understanding of the school sports injury by interpreting its meaning, characteristics, particularity and classification. Based on some analyses, this part concludes several particularities, which includes students as the subject of infringement, particular space and time, high occurrence and risk, main fault liability and supplement supplementary fair liability, large social influence and wide concerned interests. At the same time, it divides the school sports injury into several categories according to a number of factors, which will make it easy to distinguish and understand the school sports injury further.The second part, this paper collects 128 copies of effective judgments from the China judgment network and the website magic weapon of Peking University, selected 60 cases the most representative and prominent characteristics of the campus sport injury and sorted the current situation of judicial campus sport injury. At the same time, the typical problems of campus sport injury cases are analyzed. Firstly, it analyzes the judicial uncertainty risk presumption doctrines in sports. At the beginning of legislation, experts and scholars bring the principle of risk presumption into the principle of fault liability, with an unclear attitude to the principle of risk presumption in the current judicial practice. However, it is not fair for the school to be identified accountability with far-fetched reasons by many judges ignoring the principle of risk presumption. Secondly, it analyzes the abuse of fair principle. Based on the fair principle, judges always let schools undertake parts of loss to compensate victim students without autonomy in the compensation amount, because they think the school has a relatively strong economic strength comparing with the individual. Thirdly, some judges cannot correctly understand apply laws when deal with the school sports injury. For example, judges understand the behavior of playing basketball as a behavior of the joint dangerous action, but the author thinks it does not accord with the concept of the joint dangerous action. Lastly, judges deal with the school sports injury under high discretion without perfect laws and regulations. Judges can independently determine the proportion of the school liability by virtue of their own experience when schools have some fault liability. The large amount will lead to a big gap among different compensatory amounts, which is not conducive to the solution of the school sports injury.The third part emphatically analyzes the liability principle of the current campus sport injury. Through analyzing the application situation of the liability principle of current judicial practice, the paper concludes that in current campus sport injury cases, a system should be established that based upon fault liability principle, auxiliary offence understand liability and strict the application of the equity principle.In the fourth chapter, the paper analyzes the problems of the impact of the campus sport injury in China.We don't have a unified legislative identification responsibility system, bringing conflicts and hierarchy problems among some laws and regulations, which will make better laws give way to higher-level laws. Judges lack sports and sports law knowledge, which leads to unclear and wrong liability identification, nonstandard fault identification and non-quantified faults for the school and students. The lack of campus injury insurance system leads to the responsibility of the school.In the last part, based on the that we discussed, some corresponding measures are put forward. Firstly, the legislation should be uniformed through the new legislation and existing law modification. Secondly, the fault liability division, faults and the identification of the fault liability should be cleared, quantified and specified respectively. Thirdly, the quality of court decision should be enhanced by improving the judge's quality and introducing expert group evaluation system. Finally, the insurance system of school sports and the fund system of the school sports injury should be established and perfected to further improve the social compensation system of the school sports injury, which can protect interests of the school and students, and ensure a healthy development of the school sports.