本文主要阐述了在体育活动与安全管理中发生伤亡事故时,学校应承担的民事责任。国家法律规定未成年人始终需要监护而同时又规定父母有义务让其接受义务教育,一旦未成年人到学校去,则脱离了父母的监护视野。学校则基于未成年学生父母的“委托”和国家义务教育的规定成为临时监护人,负部分监护之责,即教育、管理之责及随附的相关的安全保护义务,这可称之为学校的“监护范围”。故学校要承担监护责任,也应限制在此范围内,在此“监护范围”内,学校基于无过错原则承担监护责任,超出此范围的,学校承担赔偿责任应适用过错原则或公平原则。 This article mainly expounds the civil liability that school should bear in the event of casualty in sports activities and safety management. Under national law, minors are always in need of guardianship and at the same time they are obliged to have their parents obligated to receive compulsory education. Once minors go to school, they are out of the guardianship perspective of their parents. Schools, on the basis of the “entrustment” of the parents of minors and the compulsory education of the state, become the temporary guardians responsible for the partial guardianship, that is, education and management responsibilities and the accompanying security obligations that may be called School’s “Guardianship”. Therefore, the school should bear the responsibility of guardianship and should also be limited within this scope. Within this “guardianship scope”, the school shall assume the responsibility of guardianship based on the principle of no fault. If the school bears the liability for compensation, the principle of fault or fairness should be applied .