Analysis On The Determination Of School Liability In Sports Injury Accidents For Persons With No Capacity For Civil Conduct

Article 20 of the Civil Code establishes that minors under the age of eight and persons who are unable to identify their acts due to illness are considered persons without capacity for civil conduct.In school sports injury accidents,persons without civil capacity mainly refer to kindergarten and students in the first and second grades of primary school.In recent years,school sports activities have been widely carried out,and school sports injury accidents have also increased,and the correct handling of this type of case is a reassuring measure for schools to actively carry out sports activities.This paper mainly uses empirical research to extract the legal determination basis,the principle of attribution,the submission and display of evidence,the activity characteristics of the injury accident,the limit of the school’s responsibilities and the final judgment result from the 107 judgment documents of school sports injury accidents for persons without civil capacity from January 2018 to December 2022.The results show that when a person with no capacity for civil conduct is injured in school sports activities,the proportion of primary responsibility and full responsibility borne by the school is as high as 75%,and there are five problems in the determination of liability:the "Measures for the Handling of Student Injury Accidents" and other departmental rules and regulations are detailed but not fully referenced,some cases require the school to have educational management responsibilities beyond the scope of ability,inherent risks become the cause of the school’s liability,and infringement and damage consequences are also recognized as having a causal relationship when there is no conditional relationship and the determination of partial evidentiary force is not in accordance with the rule of thumb.In this regard,the author believes that in determining the liability of school sports injury accidents for persons without civil capacity,more reference should be made to the existing and more detailed regulations,and the requirements for educational management responsibilities should be within the school’s capabilities,and at the same time,the party at fault in the injury accident caused by inherent risks should no longer be determined,and the corresponding liability should only be borne when the school’s negligence and the damage consequences are at fault in a considerable causal relationship;In terms of presenting evidence,the judgment of the probative power of evidence should follow the rules of thumb of daily life,and the reasons and basis of the judgment should be disclosed in detail in the judgment document network.Therefore,the determination of responsibility for school sports injury accidents can be more reasonable and fair,and schools are willing to carry out sports activities to improve students’ physical fitness,and can also reduce the safety problems of underage students in sports activities.