Research On The Principle Of Legal Responsibility For School Sports Injury Accidents

In recent years,all kinds of disputes and conflicts caused by the responsibility of school sports injury accidents have been constantly disturbing the good development of physical education at all levels.The existing laws and regulations are difficult to deal with the dispute of sports injury accidents in schools effectively.How to grasp the organic unity of legal effect and social effect when dealing with the responsibility problem of school sports injury accident,and to ensure that the school can carry out various sports activities of high quality and safeguard the legitimate rights and interests of each responsible subjects.A case study is used in this paper.Method,literature method,logic analysis method.The purpose of the study is to clarify the legal basis,the relationship between the subject of responsibility and the law on the imputation of sports injury accidents in schools.This paper intends to present the gap between the practical practice and the imputation principle applied by the current judicial organs in solving the school sports injury accidents,and based on this,probes into the natural choice of the imputation principle applicable to the school sports injury accidents in our country.The previous paper includes the basis of the topic selection,related concepts and literature review,and introduces the research methods,research objects and investigation objects,the main body is divided into three parts to discuss.This paper analyzes the legal origin of school physical education injury accident in our country,and combs the legal basis,legal relationship and the subject of responsibility of school physical education injury accident.The author thinks that the most important legal basis for the imputation of school sports injury accidents in judicial practice is the Tort liability Law,but the latest revised measures for dealing with Student injury Accidents in 2010 is not the main citation basis.It is considered that the special legal relationship between educational institutions and students is a theory of educational legal relationship.In addition to students,schools and other third parties,such as the Bureau of Education,the Sports Bureau and other government departments are also one of the subjects of responsibility.Evaluation and analysis of the problems existing in the application of the imputation principle of school physical education accidents.Through the case analysis,it is found that the current principle of fault liability can not cover the accident risk of school physical education,the principle of presumptive fault increases the burden of the school,the application of the principle of fair liability is not explicitly stipulated and the enthusiasm of sports participants issuppressed.The principle of no-fault liability is not provided for by law.Therefore,it is considered that the principle of fault liability is not applicable to school sports injury accidents,nor is it applicable to the principle of presumptive fault,the principle of liability without fault and the principle of fair liability.From the self-willing risk interpretation of the school sports injury accident should be dealt with the countermeasures.Under the realistic situation that the traditional imputation principle can not effectively deal with the imputation of school sports injury accidents,and combined with the draft proposal,the legislation of self-willing risk in school physical education injury accidents and the previous research on its feasibility and value are proposed.It is considered that the main principle and fault liability principle should be self-willing risk and fault liability to solve the disputes of sports injury accidents in schools.However,the cases of self-willing risk in the past and the explanation of self-willing risk proposed by the latest proposal in the draft are lack of clear applicable standards,which determines that the principle of self-willing risk must be clear in the application of self-willing risk in current school sports injury accidents.The objective need to apply standards.Therefore,on the premise of advocating that the school sports injury accident should be applied to the risk principle,we must define the relevant applicable standards-in which "know" is the premise to judge whether or not to take part in dangerous activities voluntarily.Judicial judgment "know" should be in fact known,exclusion should be known.In judging whether or not it is "voluntary",the adult is based on the implied risk of self-determination,and the minor shall enter into a written contract on behalf of the guardian in an express manner in order to satisfy the establishment of the "voluntary".At the same time,it is necessary to eliminate the two factors of intentional and gross negligence,and the non-sports time period,in order to set up the school body only when the above constituent elements are met.The risk of self-indulgence in the accident of upbringing injury.Finally,the author suggests that in order to make the application of the risk principle more in line with the social reality to ensure the good development of school physical education,we should implement a more comprehensive school tort liability insurance as soon as possible.And call on the majority of students to take the initiative to participate in other social insurance systems,the use of insurance to make up for the plaintiff because of the risk and eliminate the claim for compensation;Set up school sports injury charity organization,speed up the top-level design of laws and regulations,and strive to build a multi-subject participation of social governance model.