Study Of The Civil Liability Of School Sport S Injury Accidents In Japan

The C ivil liability system of school sports injury accident is already relatively perfect in Japan. The Japanese government has been constructed the school sport s facilities, and promulgated a complete set of basic law of school, the law of sta te department, and the sports law. It set up specialized institutions to deal with th e injury accident of school sports, and has taken a series of measures to guarante e the development of school sports activities. The law of state department mainlyinclude “The civil law” and “The State Compensation law”, The basic law of sc hool include such as “The Security Association of law”, “The school health cente r law” and “The State of venues law”. The sports law include “The Revitalization of sports law” that promulgated in 1962, “The Independent Administrative Corp oration of Revitalization of sports law” which modified in 2002,and its supporting policies such as “The Independent Administrative Corporation of Japanese sports c enter method” and “The Implementation of the Independent administrative institutio n of Japanese sports center of the province” and so on.In numerous relief ways, through litigation is the most common relief way und oubtedly. But the Japanese did n’t have the specialized tort law, the core of law of t ort in “The Japanese C ivil Law” main rules 709 th to 724 th, in total of 16 articles. I n the implementation process of “The Japanese civil law”, through the evolution i n a large number of cases and theories, as an important supplementary function to t he Japanese tort law theory. In addition, “The Japanese Constitution” and “The State Compensation Law " and other laws play an important complementary role of Japan ese tort law theory, such as the postwar revision of “The Japanese Constitution” on the 17 th national staff because of illegal conduct by third people suffer, anyone ca n according to the law, filed a claim for compensation to the state. “The State Com pensation Law” promulgated in 1948, a total of only 6 articles, Its main provisions of the compensation for the damage caused by the third national staff to perform of ficial duties act of negligence and public buildings. In Japan, public or national schoo l education behavior, is considered to be a non power nature of public behavior, or t he National School of public management, equipment and other facilities are also con sidered public buildings, can apply “The State Compensation Law”. But the damages what happened in private school mainly used to the 709 th article on “The Japanese C ivil Law” of general negligence provisions, and “The Japanese C ivil Law” on th e 415 th article that “Fails to perform the liability for the debts”. In the legal syste m of the school according to “The National Sports law" and “The association of sch ool safety law” set up the Japanese association of school safety and Japanese sch ool health center, played an important role to promote the normal development of the school sports, determination of compensation, and construction of school acci dent insurance system.Sports itself exists inherent risk, so for each participating in sports, there is a ge neral consideration of risk for the sports, in the reasonable scope of the accepted the risk, is the civil law that assumption of risk. O f course, the assumption of risk is no t completely free from the responsibility of the Party school, after all, between the s chool and the parties in the intelligence, experience, technology is in a state of uneq ual relationship. The school should assume the “security attention obligation” accor ding to the different situation, it should be comprehensive consider about the victi m’s age, technical proficiency, the degree of risk in the participate sport, and the env ironment at that time.On the victim’s relief system, in addition to the lawsuit, there is a perfect insur ance system in Japan, such as security insurance of sports,disaster insurance of stu dent education research, mutual insurance of school disasters, and the relevant liabi lity insurance in many ways, to protect the student victims can get timely assistanc e and reduce the economic pressure for the school sports injury accident.