Research On School Civil Liability For Sports Injury Accidents In Elementary And Middle Schools

Physical activity is the basic feature of sports,so it is inevitable that students' bodies will be damaged in the process of bearing the sports load and intense confrontation.In recent years,the school has taken negative measures to deal with the school's responsibility for sports injuries,such as " physical education classes are no longer available for gymnastic practice,the sports meeting cancels the long-distance race,extracurricular activities reduce exercise load " and other reports are common.The school's decision to stop eating for fear of choking is clearly not the outcome that the justice system and society expect.This paper mainly adopts case analysis,literature research,expert interview and logical analysis,takes the civil judgment documents of sports injury cases in primary and secondary schools collected by China Judgement Online in 2018 as the analysis object,analyzes the deep-seated problems in judicial practice and provides the corresponding countermeasures according to the scope of the school's responsibility determined by the court in order to provide reference for the school sports injury management and prevention.The results show that:In the sports injuries of primary and secondary schools,the theoretical basis for the school to assume the responsibility is mainly the risk control theory and the trust relationship theory.The relationship between the school and the students should be educational legal relationship rather than guardianship relationship and contract relationship.At present,the main legal basis for the school to assume responsibility for sports injuries in primary and secondary schools is article 38,39 and 40 of the Tort Law of the People's Republic of China.The nature of the school's liability is tort liability,notguardianship liability or breach of contract liability.The imputation principles of the school's responsibility include fault principle,presumption of fault principle and "fairness principle",and we should rule out the application of no-fault guardianship responsibility.Through the analysis of sample cases,it can be seen that the school is the main undertaker of the liability for sports injuries,and the amount of compensation by the school is too high in proportion to the loss caused by the plaintiff's injury,so the result is that schools are overburdened.In judicial practice,there are cases that do not conform to the principle of law's application,such as the application of the old law instead of the new,and the simultaneous application of the old and new law in conflict.In the process of applying the imputation principle,the courts abuse presumed-default liability principle and burden the school deliberately.In addition,there are problems such as violating teachers' legitimate rights and interests.The main reasons for these problems are that the legal duty of care to judge the school's fault is not clear in the legislation,and judges are caught in a dilemma between legality and rationality in judicature.Through the analysis of the relationship between schools and the government(Country),it can be seen that public primary and secondary schools have a strong dependence on the government(Country),are generally affiliated with the government,part of the educational administration system at all levels,and have limited independence.Therefore,it is unreasonable that only the schools should take the responsibility of sports injury accidents.The government(Country),as the investor,sponsor and manager of public primary and secondary schools,should be the main body responsible for sports injuries in schools and should bear the responsibility.In primary and secondary school sports injuries,what the school undertakes is the tort liability withfault as the constituent element.The school adopts the fault principle for imputation(including presumption of fault),and there is no liability if there is no fault.The determination of the school's fault should be based on the objective standard,and the fault of the school depends on whether the school has performed the "equivalent" duty of care.If the school has fulfilled its duty of care,it will not be held responsible.Otherwise,it will bear the corresponding legal responsibility.