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随着高校体育事业的发展,体育运动中学生伤害事故的处理受到了社会各界的普遍关注。由于竞技体育运动自身的特点,它所导致的学生人身伤害事故的处理有其特殊性,它不能像一般的体育伤害事故一样适用过错责任原则,法律上也没有明确规定适用无过错责任原则,司法实践中按照公平责任原则的处理,既不能使学生和家长满意,而且对校方来说也很不公平,借鉴国外相关立法经验,我国应当在高校竞技体育运动中明确确立过错责任原则,引入风险自负理论,使过错及责任主体的认定进一步合理化。
With the development of PE in colleges and universities, the handling of injury accidents among PE students has drawn widespread public concern. Due to the characteristics of competitive sports, the personal injury accidents caused by it have its own peculiarity. It can not apply the principle of fault liability as the common sports injury accident, nor does the law make it clear that the principle of no-fault liability should apply. Judicial In practice, the treatment according to the principle of fair responsibility can neither satisfy the students nor their parents, but also unfair to the school. Drawing on the experience of foreign countries for reference, our country should explicitly establish the principle of fault liability in the competitive sports in colleges and universities and introduce the risk at its own risk Theory, to make the fault and the main body of responsibility identified further rationalized.