A Research On The Imputative Principles Of Physical Education Injury Accidents In Colleges And University

There are a lot of controversy in the law theory and judicial practice about the salvation of RE. injury in universities and colleges as a result of the unspecific and not detailed explanations to the P.E. injury in universities and colleges in the current laws and regulations. The controversy is focused in particular on the identification of the responsible party by the universities, the injured ones and the third responsible party, which directly affects the reasonability and justice of the salvation and further influenced the carry-out of P.E. Therefore, it is of great significance to propose appropriate salvation principles and guarantee mechanism so as to improve the teaching management and eliminate students’worry about injury during sports time.This paper did its study based on the existing research, with the special environment of universities and colleges as the research object. Its research methods are literature review, expert’s interviews, logical analysis and case study etc. From the perspective of law, this paper made a deep analysis and examination to the definition of the P.E. injury in universities and colleges and the application of the liabilities principles in order to provide theoretical and technical support for the identification of the responsibilities of P.E. injuries. Meanwhile, this paper also proposes some constructive comments and countermeasures on safeguarding the carry-out of college P.E. by means of developing P.E. insurance. The conclusions of this research are as followings:(1).The definition of P.E.injury in universities and colleges:students’ personal injuries that happened in the P.E. activities organized and held in and outside school campus(including P.E.teaching, all kinds of P.E. competition, after-class P.E. training and off-campus P.E. activities organized by the universities and colleges), in the stadiums for which the schools are responsible, and in other P.E. facilities, caused by fault or accident, are P.E.injury in universities and colleges.(2).The legal relationship between universities and students:duel legal relationship.(3).The legal constitutions of P.E.injury in universities and colleges:they are divided into two major categories:the ones that are caused by tort liability law, and the others that caused by the "assumption of risk" of P.E. injury.(4).The application of imputation principles of P.E.injury in universities and colleges:the P.E.injury in universities and colleges does not apply to the presumption of fault liability principle, the principle of liability without fault, and the principle of equitable responsibility, but to the general principle of fault liability and the assumption of risk principle of fault liability.(5).the insurance mechanism of P.E.injury in universities and colleges:the compensation for the P.E.injury in universities and colleges are mostly passed on to the insurance company to borne.Of these conclusions, the following suggestions:(1) educational administrative departments should be clearly P.E.injury in universities and colleges accidents range of relevant laws and regulations should be made clear the legal relationship of the university and students;(2) In order to improve the processing of P.E.injury in universities and colleges, the relevant state departments should expeditiously enact laws and regulations; Sports Injury Accidents (3) In judicial practice, the judge must be in strict accordance with the attributable to application of the principle elements of processing;(4) to increase P.E.injury in universities and colleges legal propaganda, the news media, networking, and publishing departments should assume the responsibility of public education, to strengthen P.E.injury constitute legal, attributable to the principle applies to the concept of advocacy and guidance, harmonious atmosphere of rich college sports activities;(5) sports insurance model should be diversified direction, not a single treatment of sporting events and ordinary students to participate in sports activities should be fully take into account their own characteristics;(6) the state has increased funding at the same time, requires community support and support.