Research On The Principle Of Liability For School Sports Injury Accidents From The Perspective Of The Civil Code

With the development of school sports,the gradual increase of the population participating in school sports and the strengthening of the consciousness of safeguarding rights,the increase of school sports disputes has become inevitable and normal.And the demand of solving school sports disputes quickly,fairly and effectively is increasingly strong.In this paper,through the methods of literature,case analysis,comparative study and mathematical statistics to explore the judicial practice of applying the principle of liability in school sports injury accidents from the perspective of the Civil Code.At the same time to explore the gap between the judicial practice and the theory of the judicial organs,to discover problems injudicial practice,and aimed at the imputation principle of Chinese school sports injury accidents,in order to make a contribution to the judicial practice and theory research related to the school sports in our country.The results show that,In terms of legislation,there are mainly unclear standards of school fault identification in the Civil Code and imperfect provisions on liability attribution in local regulations.In judicial practice,there exist some problems,such as students with limited capacity for civil conduct apply the presumption of fault liability,the imputation principle of school sports injury accident is not classified,the unclear application of the principle of equitable liability,of which the confusion of the application of equitable liability mainly manifests in two aspects:the principle of equitable liability applies when both parties are at fault or when the cases are not stipulated by law.Aiming at the problems existing in the above legislation and judicial practice,combine the particularity of school physical education,to continue to perfect the imputation principle of school sports injury accident,the author puts forward the following suggestions:In terms of legislation:(1)Clarify the applicable criteria for the principle of liability in the Civil Code;(2)Improve the provisions on liability in local regulations.In judicial practice:(1)Take the stage of learning as the basis for imputation;(2)classify the liability principle of school sports injury accidents;(3)Strictly observe the applicable conditions of the principle of equitable liability.