体育设施标准对全民健身发展的制约及对策——基于体育标准与体育伤害事故责任关系的视角

Restrictions of Sports Facility Standards on the Development of National Fitness and the Countermeasures: Based on the Standards and the Liabilities for Injury

目前,我国多数室外篮球架、单双杠、秋千、云梯等常用健身设施不符合现行国家强制性安全标准,设施管理者和所有人等将在相关的伤害事故中承担过错赔偿责任。这给管理者和所有人等带来一定的压力和负担,影响大众健身设施建设和学校体育设施的开放进程,阻碍全民健身运动的发展。对此,应当以"服务体育发展"为取向,编制、更新标准,并通过法治建设,调整各主体的权利义务关系,让锻炼者承担更多的健身风险,让政府负起安全监管责任,同时应当注意落实对生产商的责任追究。

Most of the outdoor sports facilities like basketball backstops, horizontal bars, swings, etc. cannot meet current national standards. The facility managers or owners are often the ones who assume the legal responsibilities once injuries occur, which not only results in the mental pressure and financial burden of the managers or owners, but also hinders the construction of public sports facilities, the accessibility of school sports facilities, and the develop- ment of public sports. To solve this problem, it is necessary to modify or update national standards basing on the orientation of sports development, and to adjust the rights and obligations of each party through legislation. Moreover, the exercisers should assume more risks, and the government should take the responsibility of safety supervision. And meanwhile, the producers should also be held responsible.