The Division Of Responsibility Theory And Judicial Practice Of Sports Injury Accidents In Primary And Secondary Schools In China

Sports injury accidents frequently occur,this behavior occurs not only on the harmonious development of society has caused some obstacles,but also to a certain extent restricts the sports teaching;at the same time affected the physical and mental health of minors.So in order to legally deal with sports injury accidents in primary and middle school students,and to maintain the interests of both primary and secondary schools,the legal aspects of professional study become the key of the study on the treatment of sports injuries of sports in primary and secondary schools.From the current situation,research on student injury accident related field has set off a boom in China,but in the process of sports injury accidents in primary and secondary schools,especially the division of responsibilities,it seems has not attracted enough attention.Most of the scholars in the primary and middle school sports injury accident responsibility awareness is not enough,is not fixed,so that we in the judicial practice,not a real implementation of the ways to solve the problem,although many scholars put forward the guidelines,but still not comprehensive enough.There is no relevant action to feedback to the society,so the problem becomes more and more serious.This article uses the literature material method,case analysis,expert interviews,from the school in the legal status of the relationship,the students in the legal status of the relationship between the two,as well as their legal relationship;focus of division of sports injury liability dispute relief division of primary and secondary legal liability,burden of proof,and loss the foreign experience of developed countries,learn the theoretical basis of the legal profession,legal responsibility focuses on the school sports injury accidents are analyzed,and the introduction of loss compensation,finally put forward the reflection and suggestions of judicial practice of sports injury in primary school.Therefore,the research on the division of the responsibility of sports injury accidents in primary and secondary schools is not only very important,but also has great practical significance.According to the relevant theoretical knowledge and literature research,it is found that there are four causes of school sports injury accidents,such as school,teachers,students and other reasons.No matter what causes the school sports injury accident,it involves two key points: one is the identification of the responsibility,and the other is the issue of compensation.Research think:(1)the school is responsible for minors in school education is a statutory regulatory responsibility,rather than a statutory guardianship unit.The subject of the legal liability for the injury accident of middle school students can not be generalized.Both the responsibility of the school,but also my responsibility,but also covers the responsibility of the family,the third party liability and accident liability.(2)the sports injury accidents in school is liable for the standard division of responsibilities in primary and secondary schools,this study found the following situations: School bear full legal responsibility;school bear some legal responsibility;the school does not assume legal responsibility.Finally,the principle of fault liability in judicial trial and the principle of equitable liability are supplemented.(3)sports injury accident is a kind of damage in nature,so it is necessary to establish a variety of relief system.The key to the proper handling of school sports injury accidents is to strengthen the social security system and the construction of the legal system of sports insurance.