论文部分内容阅读
法律责任的归结问题是当前频繁发生的学校体育伤害事故纠纷及诉讼的争议焦点。作为解决学校体育伤害事故归责问题的核心和关键,归责原则的确定和适用一直存在法学争论和观点分歧。当前司法实践对学校体育伤害事故归责原则适用的规律,以适用过错责任原则为主、以适用公平责任原则为补充、共同承担责任的比例最高、学校是最主要的责任承担主体。由此引发出对“归责原则适用中‘过错’认定的标准”、“学校作为责任主体时对赔偿责任的分担”、“未成年人保护与学校监护法律关系”等有待继续深入探究的问题的思考。
At the bottom of the question of legal liability is the focus of the current controversial sports accident and school litigation. As the core and key to solve the blame for school sports injury accidents, the legal argumentation and disagreements have always existed in the definition and application of the principle of imputation. At present, the law applicable to the principle of imputation of sports injuries in schools is mainly applied to the principle of fault liability, supplemented by the principle of fair liability, and the share of responsibility shared by schools is the highest. School is the main body of responsibility. This has led to the standard of “fault” found in the principle of imputation, “” the sharing of liability in the school as the principal part of liability, “and” the legal relationship of minors and school guardianship. " Reflections on the issues to be further explored.