Legal Liability And Countermeasure Of Injuries Incurred During Kindergarten Physical Activity

Kindergarten physical activity is an important approach to promote children's physical and mental health development.However,in the course of Kindergarten physical activity,injuries occur frequently.Along with the advancement of "the universal two-child policy",as well as the improvement of the legal consciousness of parents,legal disputes and lawsuits related to the injuries incurred during kindergarten physical activities are on the rise,and to a certain extent,"tighten" the motivation of carrying out Kindergarten physical activities,causing Kindergarten physical education as the significant element of P.E.left behind.Given such a situation,it is really important to pay attention to the concept,cause,legal liability and precaution of injuries incurred during kindergarten physical activities,which have both important theoretical value and strong practical utility.This paper focus on the concept,cause,legal liability and precaution of injuries incurred during kindergarten physical activities,by using method of literature study,normative analysis,case study as well as logic analysis and draw following conclusions:Firstly,injuries incurred during kindergarten physical activities refer to physical injuries or death that occur in kindergartens organized by kindergartens and in various kindergarten physical activities inside and outside the kindergarten,as well as in sports venues and other physical education teaching facilities where kindergartens have administrative responsibilities.Secondly,injuries incurred during kindergarten physical activities consist of five characteristics:negligence of fault,specificity of the subject,diversity of activity content,multiplicity of causes,diversity of interests involved along with complexity of accident handling.Thirdly,the causes of injuries incurred during kindergarten physical activities can be attributed to five categories:kindergarten's reason,teacher's malpractice reason,the children's own reason,the third party reason and mixed reason.Fourthly,kindergartens have a stringent legal liability for young children.The principles of civil liability for injuries incurred during kindergarten physical activities are:the principle of presumed fault liability is the basic principle,and the rule of equitable allocation of loss ought to be applied deliberately.Lastly,in order to prevent and control the injuries incurred during kindergarten physical activities,the following three aspects should be taken seriously:improve the prevention and control mechanism of injury accidents in kindergarten sports activities;guarantee the kindergarten liability insurance system;promote the management mechanism of injury accidents in kindergarten sports activities.