The Legal Principle Research On Treatment And Prevention Of The Student’s Physical Education Injury Accident

This study is by using the methods, which involved the document literature method, questionnaire survey, interviewing method, logical analysis, case analysis, and so on, to analyze the sports injury accidents and current prevention status of CFA in middle school. and being based on the latest research fruit and legislation fruit,in allusion to the typical cases, from the nomological perspective, exploring the accident’s happening reasons features and regularity of outbreak on CFA, so as to sum up the experience and insufficiency during disposing and prevention process. Meanwhile, on the basis of the research in stock, from the point of tort law, analyzing and studying the confirmation for the accident and responsibility,also coming up with some relevant opinions. All of that supply the theory basis and practical case for some related system-making and strategies on the NYCFA experiential schools, at the same time,providing a reference to legal branch for perfecting some regulations and rules. The conclusion as follow:In the development of CFA, student’s PE injury accidents present some features, which consist of frequency, regularity, sudden, objectivity, complexity; The campus football experimental school is an educational administrative relationship to participated students, which has supervisory and protected responsibility. It’s not like the guardian in civil relation; At current stage, the development of our domestic CFA is still on its way to principle of no-fault liability. So when dealing with student’s PE injury accident, the fault principle should be taken first, and meanwhile applying with some equitable liability principle, so as to protect the right of victim and school itself; Lack of leaders’focus; School’s basic systems are unsound, like security, health care; teacher’s own quality and responsibility are far enough; student’s self-protection awareness is weak; legal awareness is flimsy, all of which mostly lead to the accident so frequently; Due to our nation’s sports-basis legislation is wanting, and low-level, unreasonable responsibility confirmation, operability is poor, all of the features conspire to when disposing the injury accident, there’s no single specific law to refer to, which hinder the responsibility confirmation between students and school.