Research On Duty Of Care Of School In Physical Education Injury Accidents

The student injury accidents in physical education often occur in sportunterricht,extracurricular sports activities and sports competition,which result in complex characteristics in the aspect of students’ sports injury disputes.In the process of school liability assessment,the school’s duty of care is the core of fault presumption,which has direct effect on whether the school bears tort liability and how much liability they should take.Currently,there are not detailed provisions on the school’ s duty of care at legislation,but only stipulates that "failing to fulfill the education and management responsibilities should bear tort liability",which gives judges greater discretion to some extent.In judicial practices,there is also the phenomenon of "different judgments of similar cases" between different regions.It’s found by analyzing the judicial civil judgments that the school’s duty of care is not unchanged.The author included 202 civil judgments of physical education injury accidents,and used theoretical empirical analysis methods,data collation statistics and typical case analysis methods to explore the school’s duty of care so that more detailed judgment standards for courts at all levels can be provided when arbitrating physical education injury accidents.The results show the following findings:In the physical education injury accidents,the legal basis for school to undertake the duty of care is mainly the danger control theory and the principle of good faith.Based on the clear provisions of the law,at present,the main legal basis for dealing with school physical education injury accidents are Articles 1176,1186,1199,1200 and 1201 of the Civil Code of the People’s Republic of China,the nature of liability is tort liability,rather than guardianship liability.The Measures for Handling Student Injury Accidents defines the subject and scope of responsibility for student injury accidents,which provides a powerful policy and regulation basis for dealing with student injury accidents.However,the above law is too general in expressing the school’ s duty of care and lack the explanation of the connotation of "education and management responsibilities".The main elements of the school fault identification are:(1)whether the law requires the school or educational institution a duty of care in any respect;(2)whether the school fulfill its duty of care;(3)whether the school does its duty of care to the students."whether the school has fulfilled its duty of care for students."In the common physical education injury accidents,the school’s duty of care is not a "one size fits all" standard,the school’s duty of care varies with the environmental changes of student sports injury accidents,students’ age,health status,sports experience,and the risk of sports programs specifically affect the scope of the school’s duty of care,which also determines the size of the school’s responsibility.