Under The Background Of The Civil Code,the Principle Of Attribution Of Responsibility For School Sports Injury Accidents Applies To Dilemma And Relief

As one of the most common types of school injury accidents,school sports injuries have received great attention from the state and people from all walks of life,and the promulgation and implementation of the Regulations on School Safety Work and the Civil Code of the People’s Republic of China have also increased their attention.To a certain extent,the smooth development of school sports work is inseparable from the school’s effective handling of sports injury accidents,and the rational application of the principle of attribution in the process of handling such accidents has certain value for effectively reducing school sports disputes.Using research methods such as the literature method and case analysis method,the relevant school sports injury accident-related cases on the Chinese judgment document website are analyzed,and the application of the principle of attribution and the existing problems are studied from the dimensions of the level of the case court,the method of adjudication,the subject of responsibility,and the current situation of compensation,and it is expected to clarify the application scenarios of the principle of attribution,find solutions,and efficiently handle such accidents.Studies have shown that there are problems in the adjudication process of school sports injury cases,such as unclear basis for attribution,difficulty in adducing evidence,and frequent humanitarian application.Based on this,the following countermeasures can be taken: clarify the legal relationship between the school and students,and refine the application scenarios of the major attribution principles through the nature of the school,the physical and mental development of students,and the appropriate tolerance of school education safety management responsibilities;Resolve the phenomenon of "difficulty in presenting evidence",implement the investigation order and discovery system,and establish sports mediation,arbitration institutions and corresponding systems;Clarify the applicable scenarios of humanitarianism,and alleviate the pressure on all parties through multiple measures such as sports insurance and fund-raising by public welfare organizations.