Research On The Liability Of School Sports Injury Accidents

In recent years,the development of school sports work has been seriously influenced by the worry of school sports injury disputes.After the accident,the responsibility division and relief have become the key factors to induce school sports injury disputes.To reduce the occurrence of school sports injury disputes,reflect the current judicial situation of school sports injury accidents,and construct multiple relief paths for school sports injury accidents,in this paper,through the methods of literature,case analysis,mathematical statistics and comparative study,the attribution of school sports injury accidents are studied,to explore the gap between the judicial practice and the theory of the judicial organs,to support the relevant theory with the choice of judicial practice,to broaden the way of relief,to lay a foundation for the establishment of sports law and arbitration of sports injury disputes to provide case reference,thus to promote the healthy development of school sports in China.The results show that:(1)there are many causes of sports injury accidents in schools,a typical case in the whole country.Sports class is the most common organization form of sports injury accidents,and there are more sports injury accidents in primary and junior middle schools,the accident disability rate is as high as 62.73%,although the case is simple,the procedure is complex,and the appeal rate is high,the principle of liability for fault,the principle of presumption of fault,the principle of equitable liability and the principle of strict liability are applicable,but the amount of compensation involved in cases where the principle of equitable liability and the principle of strict liability are applicable is not high;(3)the theory of risk-taking has been used as the defense of school sports injury accident,but in the application of judicial practice,there still exists the problem of ambiguity of the applicable situation;(4)the amount of compensation involved in school sports injury accident is relatively large,and the sports insurance application condition is lacking,although the school assumes the accident responsibility the proportion is not high,but most accidents need the school to assume the responsibility,the school solves this kind of accident to consume the massive time and the energy.On this basis,the paper puts forward the countermeasures to improve the relevant system of school sports injury accidents:(1)to improve the relevant laws and regulations,to clarify the imputation principle of school sports injury accidents,to define the legal relationship between school and students,to clarify the bottom line of the school’s “Obligation of safety and security”through judicial interpretation or Supreme Court trial guidance and reference cases,and make clear the specific situation that judges apply the risk-taking theory in school sports injury accidents under the current legal system;(2)fully absorb the “Maple Bridge experience”of the new era,and strengthen the grass-roots management,establishing a fast and efficient mediation model for school sports injury disputes,or setting up an arbitration institution for school sports injury disputes;(3)supporting relevant sports insurance laws and regulations,setting up compulsory school sports insurance,and developing corresponding sports insurance types,(4)setting up a public welfare fund for school sports injury,introducing new sources of funds to provide protection for school sports injury accidents,and building a diversified relief system for school sports injury accidents.