The Application Of The Rules Of Fair Loss Sharing In School Sports Injury Accidents

Section 24 of the Tort liability Act has been controversial and is theoretically called the "fair allocation of loss rule." This article is essentially a loss-sharing,due to the judicial application of the provisions of the large differences,resulting in continuous problems.Sports injury accident is one of the types of application of this regulation in practice,and there are many problems in its application.In school sports accidents,the main victims are mostly students,and the liability is mostly attributed to the school.But sometimes the liability of the school is not due to the fault of the school,but based on a fair sharing.Based on this fairness,the school compensates the students for the loss.Whether such a result is really fair remains to be seen.Therefore,this article mainly studies the school in the sports injury accident responsibility sharing question.Through comprehensive use of literature,case study and other research methods,this paper analyzes whether the application of the above provisions in school sports injury accidents is reasonable or not.In the preface,the background and research value of the topic are expounded and the research results at home and abroad are comprehensively reviewed.The text is divided into three parts:The first part,the article summarizes the provisions,including the meaning,characteristics and theoretical basis of the study.First of all,through the deep analysis of the legal provisions,summed up the meaning of this provision.Secondly,this provision has its own characteristics and is the creation of tort law in our country.The purpose of this provision is to share the loss,not to hold responsibility;its application is more dependent on the discretion of the judge,To a certain extent,the application of this provision requires the judge to use his own legal knowledge and social experience to make a fair judgment.All is based on the principle of fairness,which has the attribute of social law,and its essence is the specific provision of social law in Tort liability Law.Finally,the author discusses the theoretical basis of the stipulation and justice,the principle of fairness and the basis of legitimacy.The second part,through the method of case study on the application of this provision in campus sports injury accidents,combing the applicable disputes in sports injury accidents in China,including theoretical disputes and judicial disputes.First of all,through the combing and reflection of the academic controversy,this paper puts forward the viewpoint about its legal attribute.Secondly,through the case summary,analyzes the concrete application in the question.In the third part,the author puts forward that the rules of fair sharing of losses should not be applied in school sports injury accidents.The author probes into the principle of imputation,the analysis of applicable elements and the particularity of accident.By analyzing the principle of imputation of school sports injury accident,the author thinks that the fault liability should be applied.Through the analysis of the applicable elements,the author thinks that the application of this provision in judicial practice should be reasonable and cautious.By analyzing the particularity of the accident,the author thinks that the serious consequences of its application should be fully considered.Finally,the author puts forward that the school should not be applied to the sports injury accident and put forward some suggestions.