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通过文献资料法、问卷调查法、访谈法等研究方法对陕西省中小学体育活动中发生的伤害事故的责任归属及认定进行了研究。结果显示:“监护权转移说、监护权委托说、教育管理说”这三种学校与学生之间的法律关系学说是处理体育伤害事故的关键;中小学体育伤害事故的责任归属主要有学校、教师和学生三方面;体育伤害事故责任认定以过错原则为主,兼顾公平原则。
Through literature, questionnaire, interview and other research methods of primary and secondary school sports in Shaanxi Province, the occurrence of injuries attributable to the accident and identified the responsibility were studied. The results showed that: “The transfer of custody transfer, custody commissioned that education management,” said the three schools and students legal relationship between the theory is the key to dealing with sports injuries; primary and secondary sports injuries attributable to the main Schools, teachers and students. The identification of the responsibility of sports injury accidents is based on the principle of fault and takes into account the principle of fairness.