Research On The Problems And Countermeasures Of Physical Injury Accidents In Primary And Secondary Schools

The Law of the People’s Republic of China on Sports was amended at the 35 th Session of the Standing Committee of the 13 th National People’s Congress on June 24,2022,and will come into force on January 1,2023.Among them,the new sports Law adds a lot of provisions related to "school sports",which guarantees the development of school sports activities to a certain extent and increases the time for students to participate in sports activities.Although the development of school sports has more and more security,but the school sports injury accident treatment of the relevant regulations are less,the accident problem has not been well dealt with and solved.As the main way to build up the body,physical activity has a positive effect on the students’ physical health,we must persist in developing school physical education.However,due to the confrontational and competitive nature of sports itself,there are risks in the process of sports,which cannot completely avoid school sports injury accidents and cannot change the objective existence of accidents.The negative impact of school sports injury accidents has become a "stumbling block" on the road of school sports development.How to solve the problem of accidents reasonably and legally and reduce the impact of accidents is of great significance to the development of school sports.Domestic research on school sports injury accidents mainly focuses on the causes and prevention measures of accidents,the principle of liability,compensation and accident characteristics,but few of them integrate PE teachers,a key factor,into the accident research.Physical education teacher is the key to carry out school physical education activities and plays an important role in school physical education work.Therefore,it is of great significance to integrate PE teachers into the study of physical injury accidents in primary and secondary schools.The main research methods of this paper are literature,interview,case analysis and questionnaire,to study the impact of primary and secondary school physical injury accidents on physical education teachers and the problems existing in the process of dealing with primary and secondary school physical injury accidents,and to put forward targeted suggestions and measures to solve the impact and problems of physical injury accidents.The results of the questionnaire survey show that most of the PE teachers are worried about the school sports injury accidents and worry about the occurrence of sports injury accidents in the school sports activities organized and implemented by themselves.In the investigation of the impact of school physical injury accidents on physical education teachers,most of the physical education teachers said: after the accident,physical education teachers’ mental state will change,easy to produce negative emotions;In order to reduce or avoid the occurrence of physical injury accidents,school physical injury accidents will have certain influence on the teaching attitude,teaching content,teaching method and teaching organization form of physical education teachers.The accident will also affect the enthusiasm of PE teachers to carry out school sports activities.In this study,15 typical cases of school sports injury accidents were selected from China Judicial Documents Network,covering all forms of school sports activities.Through the detailed analysis of the occurrence of school sports injury accidents,reasons,court recognition,legal basis,found the accident existing problems.The main legal basis for the judgment of the court on school sports injury accidents is the Tort Liability Law of the Seventh section of the Civil Code of the People’s Republic of China,among which the relevant provisions of the Measures for the Handling of Student Injury Accidents and the Interim Measures for the Prevention and Control of School Sports Risk issued by the Ministry of Education are taken as references.In the 15 cases studied,all the school sports injury accidents,the school needs to bear the corresponding compensation responsibility,which puts great pressure on the school and the PE teachers.We should not only protect and protect the legitimate rights and interests of the victims in the school physical injury accidents,but also reduce the pressure of schools and physical education teachers in the school physical injury accidents,balance the relationship between norms and development.Therefore,for the treatment of sports injury accidents,we should improve the rules and regulations,clear the accident solution path,clarify the accident responsibility,increase the relief way,so as to reduce the negative impact of the accident.The economic loss of school sports injury accident is the focus of the accident.It is suggested to perfect the school sports insurance system and establish the special social welfare fund of school sports injury accident.With sports insurance as the main part and the special social welfare fund as the supplement,an effective accident relief system is formed.Through a variety of measures to prevent accidents,reduce the burden of schools,PE teachers and students’ parents,reduce the impact of accidents,reduce the obstacles to the development of school sports,promote the development of school sports activities and lay a solid foundation for the realization of the goal of sports power.