Research On The Non-lawsuit Settlement Mechanism Of Sports Injury Disputes In Schools In China

School sports injury accident is not controllable,risk is everywhere,impossible to prevent.Therefore,it is not only necessary to prevent and control the source of the accident to reduce the possibility of the accident,but also to properly solve the disputes after the accident,which is conducive to the sustainable development of school sports.At present,the court and the education administrative department are the main dispute resolution institutions of the school sports injury disputes,but on the one hand,the lack of neutrality of the administrative adjudication,on the other hand,the complicated proceedings,long trial time is due to the imperfect legal mechanism caused by the unfair judgment of the phenomenon of repeated existence.It is necessary to seek other non-lawsuit dispute settlement channels for the relief of school sports injury disputes.School sports injury dispute has its own particularity: the complexity of responsibility judgment,the inequality of the status of the subject of the dispute,the relevance of public interests,the universality of social influence,and the expectation of the benign relationship between the subject of the dispute.People’s mediation and arbitration accusing the settlement mechanism compared with lawsuit,such as judge can be more professional,the referee process more convenient,also can reduce the ruling parties in the process of antagonism,and fits well the characteristics of school sports disputes,so the school sports injury disputes can be handled by people’s mediation and arbitration,but also should be combined with the existing deficiencies to improve,Construct the people’s mediation and arbitration channels which accord with the peculiarity of sports injury disputes in schools.In terms of the path of people’s mediation,there are people’s mediation mode,special mediation committee mode,people’s mediation and sports injury insurance combined mode.Because the existing insurance companies have a general trend to participate in litigation,we can establish the mode of people’s mediation and sports injury insurance combined mode.Part of the premium income will be invested in the construction and operation of mediation institutions to appropriately reduce the pressure on government financial expenditure.In addition,according to the different schools of sports injury dispute is the focus of the professional issues or common emotional issues,can set up different proportions of civilian mediators and elite mediators;In the selection of appraisal institutions,we should set up professional appraisal institutions,directly use external appraisal institutions to issue appraisal opinions,and set up expert database to issue opinions.Considering that it is not controversial to use external appraisal opinions for reference in judicial practice,the method of directly using external appraisal institutions to issue appraisal opinions can be adopted.In terms of arbitration,in line with the revision trend of the Sports Law,the establishment of external sports arbitration is imminent,and the mode of sports arbitration can be used to solve sports injury disputes in schools.The corresponding arbitration procedure should be open and transparent,and the arbitration procedure should be inclined to protect the vulnerable groups in order to obtain procedural justice.