Research On The Victim’s Fault In School Sports Injury Accidents

School sports activities can enhance students’ physical quality,which is the foundation of a strong country in education and sports.However,school sports injuries have seriously affected students’ health,family happiness and the smooth development of school sports.In recent years,in school sports injury accidents,the school has a large proportion of the responsibility.This article exhaustively collects a total of 190 cases in which the victim is at fault in school sports injury cases from 2012 to 2021,the proportion of cases in which the school bears the main responsibility(more than 50%)is as high as 64.1%.Judicial practice has repeatedly determined that the school’s responsibility will seriously dampen the enthusiasm of the school to organize sports activities,the main reasons for this phenomenon are:the legal provisions on the fault of the victim in the school sports injury accident have not been perfected,the description of the victim’s fault in judicial practice is relatively vague judges tend to favor victims in sentencing.As a result,the school has assumed the responsibility that should be shared by the victim’s fault.This paper uses literature research method,comparative research method and case analysis method to analyze the judicial judgment documents about school sports injury accidents collected by China Judgment Document Network.After research,it was found that:In terms of legislation,it is recommended to revise the "Measures for Handling Student Injury Accidents",and the following two items can be added to the content of the original Article 10:(1)"Students should bear corresponding responsibilities in accordance with the law due to their failure to perform their duty of care when engaging in behavior according to their age and cognitive ability,resulting in injury to students";(2)"If the failure to perform the damage occurs,seek medical treatment in a timely manner,causing the student injury accident to expand,and should bear the corresponding responsibility according to law."In addition,the legislature should also promptly formulate laws and regulations related to the victim’s "safety duty of care" and school sports insurance.In judicial practice,the age of the victim,sports experience and the risk of participating in sports affect the judge’s determination of the victim’s fault;when courts deal with school sports injury cases,the victim’s fault liability for the enlarged part of the damage should be identified and allocated separately,and consider the scope of the victim’s fault in conjunction with the learning stage,make fair and reasonable sentences.