大学生体育活动猝死纠纷案件解决机制探究

The Dispute Case of College Students' Sudden Death in Sports Activities and its Settlement Mechanism

大学生体育活动猝死纠纷案件的发生,在于学生家长的诉求与体育活动举办方在责任承担和赔偿数额认定上的巨大分歧。案件各方分歧,根源于法律规定的缺失和社会在该问题上的共识缺位。此类案件频繁发生,引发了一系列社会负面问题。解决此类案件的关键在于,责任主体和责任额度要更加明细化,司法路径的主体性要得到充分的发挥。

The dispute case of college students＇ sudden death in sports activities occurs when there are great differences between the demands of the students＇ parents and the cognizance of the organizers of sports activities over their responsibility bearing and their compensation amount. These great differences between the parties in the dispute case root in the lack of legal provisions and the lack of social consensus on the issue in China. Such cases occur frequently at present. It triggers a series of negative social issues in China. The keys to solve this kind of case lie in that the responsibility subject should be clearer in legal provisions, the liability amount should be made more detailed, and the subjectivity of the judicial path should be fully exploited in practice.