学生体育伤害中学校和教师的民事责任研究

采用案例分析和比较研究的方法对学生体育伤害中学校和教师的民事责任进行探讨。研究结果认为:学校体育运动的各个阶段都可能涉及到风险和管理的问题。学校和教师如果没有尽到适当的注意义务,那么就要承担一定的民事责任;事故责任的认定和处理应视具体情况而定;我国应加强学校体育法制建设,树立依法治教的观念。

Discussion on the Civil Duties of Schools and Teachers in Student Physical Injury at School

The author discussed the civil duties of schools and teachers in physical injury by the methods of case analysis and comparative study. The result showed that there were risks and problems in management at every moment of the athletic sports at schools. Schools and teachers would have to take in hand part of the civil duty if they didn't pay appropriate attention to it. The judgment and punishment of the accident-liability should be made according to the real fact. Our country should strengthen the construction of the legal system in school physical education and set the concept of ruling physical education by laws.