Study On The Application Of The Fair Liability In Physical Education Injury

In recent years,in the frequent campus accidents,Physical Education(PE)injury accidents have become the focus of social attention.At present,the legal provisions on deding with injuries in PE in China are still unclear,which makes it difficult to deal with accidents.In the Tort Liability Law,the principle of fair liability arises earlier,but the research on relevant domestic aspects has started late,and the focus is mainly on the concept and nature of fair liability,focusing on qualitative research,and the fair responsibility in judicial practice.The application status is less studied.This paper uses the method of empirical analysis to study the judicial application of fair liability in the injury of PE,focusing on the following aspects:Firstly,using the method of empirical analysis,the judgment of applying fairness responsibility in the injury of PE is taken as a research sample,and the status quo of the application of fair liability justice is deeply investigated,and the problems existing in the application of fair liability are highlighted.Secondly,it comprehensively sorts out the theoretical results of the application of fair responsibility in the injury disputes in PE,and examines the different positions of the courts in applying fair responsibility in judicial practice,and analyzes the disputes and differences.Thirdly,it analyzes the differences between the theoretical differences in the application of fair liability in the injury disputes in PE and the judgments of the courts in practice,and analyzes the reasons behind the differences.The study found that there are many problems with fair liability in the injury class of PE,and the responsibility of the school is too heavy;and no matter whether it is theoretical or judicial practice,it is inconsistent with whether the school has a fair responsibility.Therefore,the sports class injury dispute should not apply fair responsibility,and it is imperative to construct a diversified campus sports injury relief model.