Who is responsible for the accidental injury in physical education?
At the press conference of judicial protection of minors and interests organized by the Hunan Provincial High People’s Court recently, the dispute over life and health was notified in a typical case: in a middle school physical education class, senior students played football, a low -grade student was smashed by the ball and was smashed by the ball. Injury hospitalization. The court trial believes that the senior students are participating in the physical education courses organized by the school normally. The behavior does not violate the rules of sports, does not have faults, and does not belong to infringement. The losses caused to low -grade students shall bear all the liability for compensation.
This verdict did not allow the senior senior students to bear the liability for compensation, which is in line with legal and reasonable.
In this case, the cause of the accident was not complicated. The school also arranged for senior and lower grades to take classes in the same playground at the same time, but did not effectively partial contact with high and low students’ courses.
When a senior student played, he accidentally kicked the ball to the left -grade student’s left hand, causing him to be injured. There are no faults in the students who play, so they do not bear the liability for compensation according to law. If the school fails to reach the responsibility of safety management, it shall bear the liability of the losses of young students.
The court mentioned in the report that students involved did not violate the rules of the movement. In short, if the child had violations of the rules of the movement in the movement, would it be held accountable? For example, playing football, because the level does not work to kick the ball to other students, this is not violating the rules of sports.
But if you are a student to shovel and have violations, causing other students to be injured, should you take responsibility? In the football arena, they often see athletes shovel without shovel, but they knocked down and injured people. They were punished for a red card. They may be punished for malicious fouls, but they will not bear the to shovel athletes. Liability for compensation.
In the physical education classes and sports competitions organized by the school, what should I do if such behaviors occur and have harmful consequences? The answer is still not accountable for the students of the parties, and the students of the parties do not need to bear the liability for compensation. Because if you do not make such a process, students dare not have any confrontation on the court. Playing football will not defend the shovel. Playing basketball will no longer jump up to cover, because these actions may be fouls, shovel and wounded heads. Then you will choose the minimum strength movement, walk on the court, or even not exercise. This will affect the effect of the above physical education class and the enthusiasm of students to participate in sports competitions. To this end, students should be stated that students participating in physical education and sports competitions, unless students are not doing sports and competitions, they deliberately cause trouble, and students should not be liable for compensation. However, to educate students to pay attention to exercise damage during exercise and competitions, comply with the rules of the competition, we must not be punished by sports rules, such as suspension and fines, such as suspension of malicious fouls.
Who should bear the responsibility of causing damage? This must establish a compensation liability sharing mechanism for student campus accidents. It is necessary to set up students’ unexpected damage compensation reserves and other methods through students’ insurement, school insurance, and education department (school) to solve the compensation of students’ accidental injury accidents. Avoid worrying that students are unwilling to organize students to carry out teaching activities with certain safety risks, including sports, labor and education, as well as off -campus social practice, research travel and other activities. In recent years, the problem of accidental injury on campus has put on a tight curse for school running. As soon as an accident is an accident, the school must be held accountable to allow some schools to choose to raise education for students. If it is stipulated that students must not leave the classroom to move downstairs and exercise on the sports field; cancel the sports meeting and cancel a competitive sports competition.
To allow schools to carry out physical education and sports competitions normally and organize students to conduct outdoor activities, they need to loosen the school on the issue of safety responsibility. On the one hand, safety responsibilities should be determined in accordance with the law. If the school is fulfilled in safety education and safety management responsibilities and a campus accidental injury accident occurs, the school’s responsibility should be clearly held. On the other hand, if the school is responsible for compensation, the reserve for compensation for compensation for compensation for accidents and accidental damage compensation should be maintained to avoid the schools, especially private schools in private schools in trouble due to compensation.
At the press conference of judicial protection of minors and interests organized by the Hunan Provincial High People’s Court recently, the dispute over life and health was notified in a typical case: in a middle school physical education class, senior students played football, a low -grade student was smashed by the ball and was smashed by the ball. Injury hospitalization. The court trial believes that the senior students are participating in the physical education courses organized by the school normally. The behavior does not violate the rules of sports, does not have faults, and does not belong to infringement. The losses caused to low -grade students shall bear all the liability for compensation.
This verdict did not allow the senior senior students to bear the liability for compensation, which is in line with legal and reasonable. In this case, the cause of the accident was not complicated. The school also arranged for senior and lower grades to take classes in the same playground at the same time, but did not effectively partial contact with high and low students’ courses. When a senior student played, he accidentally kicked the ball to the left -grade student’s left hand, causing him to be injured. There are no faults in the students who play, so they do not bear the liability for compensation according to law. If the school fails to reach the responsibility of safety management, it shall bear the liability of the losses of young students.
The court mentioned in the report that students involved did not violate the rules of the movement. In short, if the child had violations of the rules of the movement in the movement, would it be held accountable? For example, playing football, because the level does not work to kick the ball to other students, this is not violating the rules of sports.
But if you are a student to shovel and have violations, causing other students to be injured, should you take responsibility? In the football arena, they often see athletes shovel without shovel, but they knocked down and injured people. They were punished for a red card. They may be punished for malicious fouls, but they will not bear the to shovel athletes. Liability for compensation.
In the physical education classes and sports competitions organized by the school, what should I do if such behaviors occur and have harmful consequences? The answer is still not accountable for the students of the parties, and the students of the parties do not need to bear the liability for compensation.
Because if you do not make such a process, students dare not have any confrontation on the court.
Playing football will not defend the shovel. Playing basketball will no longer jump up to cover, because these actions may be fouls, shovel and wounded heads.
Then you will choose the minimum strength movement, walk on the court, or even not exercise. This will affect the effect of the above physical education class and the enthusiasm of students to participate in sports competitions. To this end, students should be stated that students participating in physical education and sports competitions, unless students are not doing sports and competitions, they deliberately cause trouble, and students should not be liable for compensation.
However, to educate students to pay attention to exercise damage during exercise and competitions, comply with the rules of the competition, we must not be punished by sports rules, such as suspension and fines, such as suspension of malicious fouls.
Who should bear the responsibility of causing damage? This must establish a compensation liability sharing mechanism for student campus accidents. It is necessary to set up students’ unexpected damage compensation reserves and other methods through students’ insurement, school insurance, and education department (school) to solve the compensation of students’ accidental injury accidents. Avoid worrying that students are unwilling to organize students to carry out teaching activities with certain safety risks, including sports, labor and education, as well as off -campus social practice, research travel and other activities. In recent years, the problem of accidental injury on campus has put on a tight curse for school running. As soon as an accident is an accident, the school must be held accountable to allow some schools to choose to raise education for students. If it is stipulated that students must not leave the classroom to move downstairs and exercise on the sports field; cancel the sports meeting and cancel a competitive sports competition. To allow schools to carry out physical education and sports competitions normally and organize students to conduct outdoor activities, they need to loosen the school on the issue of safety responsibility. On the one hand, safety responsibilities should be determined in accordance with the law. If the school is fulfilled in safety education and safety management responsibilities and a campus accidental injury accident occurs, the school’s responsibility should be clearly held. On the other hand, if the school is responsible for compensation, the reserve for compensation for compensation for compensation for accidents and accidental damage compensation should be maintained to avoid the schools, especially private schools in private schools in trouble due to compensation.