| Our country is a developing country, in the reform and opening up, to establish a socialist market economy today, with more attention paid to the education,especially compulsory education. Compulsory education is mandatory, basic education,citizens to receive compulsory education is to meet the need of human nature,is to meet the needs of citizens in social competition,is to meet the needs of the development of the state, society. School sports is both the important content of compulsory education and achieve all-round development of the important means.However, in the process of the development of school sports,school sports injury accident inevitable exist Due to the lag of legislation, for the school sports injury accident responsibility identification,whether in theory or in the judicial practice has a different approach, this leads to the school after the school sports injury accident often at a loss. The school sports injury accident has become an important problem hindering the development of the school sports. In this paper, from the Angle of law,education law and sport law of compulsory education school sports injury accident liability issues and analysis. In order to solve some practical problems in school sports, make the compulsory education school sports develop smoothly, to promote students comprehensive development.Besides preface and epilogue, this article also includes the following three most:The first part: the judicial status quo of compulsory education school sports injury accident responsibility is studied, using case and the way of combining theory analysis of the current treatment adopted by the school sports injury accident imputation principle. From the analysis of the present situation of that problem, the application of the fair responsibility principle. The \"school sports injury accident responsibility compulsory education stage、" who is going to take? Proved through compulsory education view school sports injury accident shall not apply to the fair liability principle, and further put forward under the perspective of compulsory education,the national compulsory education school sports injury accident responsibility idea.The second part: through the right to education of national compulsory education stage obligation theory Angle and the compulsory education cost-sharing theory point of view, countries in compulsory education stage in the school sports injury accident responsibility. Then through to the students, schools, research and analyze the relations between and among countries,further expounds the country school sports injury accident responsibility should be actively, the school sports itself risk damage liability, and should not bear the schools, teachers and students of school sports injury accident caused by the fault responsibility.The third part: through the analysis of the status quo of the judicial practice,according to the content of this paper, the national compulsory education school sports injury accident responsibility that view. Put forward a sound compulsory education school sports injury accident law guarantee system; Perfect school sports risk transfer mechanism, expand the accident relief channels. To promote school sports scientific development, in order to achieve all-round development of students. |
