论学生体育伤害事故中的校方责任及其追究限度

School Responsibility and Its Limitation of Investigation in Students’ Sports Injury Accidents

近年来,学校体育发展面临挑战,学生体育伤害纠纷频发,学校开展体育活动的积极性备受打击。为了困境,探究校方责任及其追究限度实属必要。已判案件显示,校方责任是一种赔偿责任,责任性质可分为独立责任、补充责任和补偿责任,责任形式包括直接责任和间接责任。校方责任追究的特点体现在:责任认定呈现二元化格局,责任归结突显“过错责任原则兼顾公平责任原则”归责体系。当前,校方责任追究中存在的主要问题是:结构上校方权利与责任失衡,司法过程中注重有无责任考量、缺乏责任大小标定,超限度保障学生权益、忽视校方权益维护,司法效果差。基于此,应该在合理借鉴域外经验、厘清相关法理基础上,平衡责任追究与校方权益维护的关系,有限度地追究校方责任。实践中,限于校方未尽“相当”安全保障义务情况下追究责任,限于追究与校方过错程度、致损原因力大小“相应”的法律责任,在此基础上维护校方权益。

In recent years, school sports development has been facing unprecedented challenges. Students’ sports injury disputes occur frequently. As a result, the enthusiasm for school sports development has been hit hard. In order to get out of the above-mentioned difficulties, it is necessary to explore the school’s responsibility and its investigation limits. The sentenced case shows that the school’s liability is a kind of liability. In terms of the nature of liability, it can be divided into independent liability, supplementary liability, and compensation liability. In terms of the form of liability, it can be divided into direct liability and indirect liability. The characteristics of the school’s accountability are reflected in the following: the dualism pattern is present in the responsibility determination, and the responsibility is attributed to the system of“ fault responsibility principle taking into account the principle of fair responsibility”. At present, the main problems in the school’s accountability investigation are: structural imbalance of rights and responsibilities, attention to the consideration of whether or not there is responsibility in the judicial process, lack of degree of responsibility, excessive protection of students’ rights and interests, neglect of school rights and interests, and poor judicial effectiveness. Based on this, we should reasonably draw on extraterritorial experience, and clarify the relevant legal principles. We should balance the relationship between accountability and the maintenance of the rights and interests of the school, and investigate the school’s responsibilities to a limited extent. In practice, it is limited to the responsibility of the school if the school has not fulfilled its“ equivalent” safety and security obligations, and it is limited to the legal liability that is“ corresponding” to the degree of the school’s fault and the cause of the damage, and on this basis, the school’s rights and interests are protected.