Research On The Dispute Handling Methods Of Sports Injury Accidents In Primary And Secondary Schools Under The Background Of Legal Society ——Empirical Analysis Based On Legal Judgment

In recent years,under the background of rapid economic development,China’s education has been developed in an all-round way.Whether from the national level or the social level,we continue to pay attention to the good education level of students.Then the number of students in schools has increased significantly,and the safety of students has become one of the hot topics of the times.Based on the particularity of school sports injury accidents,The occurrence of school sports injury accidents in primary and secondary schools is gradually increasing,and the resulting disputes and contradictions also continue to affect the normal teaching order of the school,causing great harm and pain to students and parents.Most of the reasons for this dispute are that the two parties responsible for the accident did not reach an agreement on the handling methods and methods,and the division of responsibility was not recognized by both parties,resulting in a situation that is difficult to be solved smoothly,The difficulty of solving accident disputes not only has a certain impact on students’ physical and mental health and study and life,but also hinders the normal development of school physical education.This paper mainly adopts the case analysis method,combined with the literature method and comparative analysis method,and takes the civil judgment documents of 29 cases of disputes over sports injury accidents in primary and secondary schools in China judgment document network as the main analysis object,which is studied and explained from several aspects:1.The dispute cases of sports injury accidents in primary and secondary schools are mainly handled by the principle of imputation,supplemented by other principles.The principle of self willing risk has been actually applied.The proportion of compensation is determined by responsibility first,and then compensated.In terms of accident compensation,it is solved by means of economic compensation;2.There are differences in the concept of legal system in different regions of our country.The areas where cases occur also decrease with the enhancement of the concept of rule of law.There is regionalization in the concept of rule of law and the awareness of rule of law;3.Classify and analyze the problems existing in the dispute handling process in the judgment documents.Whether it is from the first instance judgment or the second instance judgment,it takes one to two years,accounting for the highest proportion.There is only one case less than half a year,which takes a long time to deal with;4.In terms of the identification of responsibility,the school bears more responsibilities.91%of the multi responsibility subjects identified as school responsibility in the first instance judgment,62%of the single responsibility subjects identified as school responsibility,78%of the multi responsibility subjects identified as school responsibility in the second instance judgment,and a relatively high proportion of the school responsibility subjects;5.In the handling of cases,first,there are different judgments in similar cases,and there are conflicts and inconsistencies in the application of the law.Second,among the 29 cases,10 cases have passed the second instance judgment,and there are differences between the public concept and the legal judgment.Third,there are 14 cases without the introduction of insurance,and the school lacks the awareness of insurance protection;6.In terms of the handling methods of sports injury accidents in primary and secondary schools,the most important thing is to improve the legal system.Secondly,in schools,it is necessary to establish special handling institutions for sports injury accidents in primary and secondary schools,strengthen campus safety legislation,popularize safety sports education and strengthen the school education management system,and improve it in many ways,so as to reduce the difficulty of handling accidents and disputes.Finally,it is necessary to establish a sports insurance system in primary and secondary schools,Improve the coverage of primary and secondary school insurance.