Think Tank

'No fault exemption' loosens the restrictions on campus sports

2024-12-03   

Recently, the Yanqing District People's Court in Beijing heard a dispute over the responsibility of an educational institution, bringing the issue of defining the responsibility for students' injuries on campus back into the public eye. In this case, junior high school student Xiao Li accidentally fell and got injured while practicing the middle school entrance exam sports during physical education class. Xiao Li and his parents believe that if the teachers fail to provide necessary guidance and protection, the school should bear the liability for infringement. However, the court ultimately rejected all of Xiao Li's claims. The core of the judgment in this case lies in the principle of "exemption of liability for those without fault". During the trial process, the court focused on examining whether the school had fulfilled its educational and management responsibilities. It was found that the school was not at fault in terms of venue facilities, teacher guidance, and post event assistance. Therefore, the court rejected the lawsuit filed by Xiao Li and his parents, which undoubtedly provides a clear legal basis for defining responsibility for similar campus safety incidents. In the past, once a student had an accident on campus, regardless of whether the school was at fault, they often faced enormous pressure and compensation liability. This situation has made many schools afraid of any accidents when organizing sports activities. The principle of 'no fault, no liability' has given schools more confidence and confidence, so they do not have to worry about bearing excessive responsibility due to unforeseeable accidents. Of course, this does not mean that schools can relax their management of campus safety. On the contrary, schools should further strengthen safety education, enhance students' self-protection awareness, and ensure their safety when participating in sports activities. Schools should also establish a good communication mechanism with parents to jointly focus on students' growth and safety, and create a good atmosphere of home school co education. It is worth noting that this judgment also reminds parents that students are the first responsible person for their own safety. Parents should strengthen safety education for their children, guide them to pay attention to safety when participating in sports activities, and avoid unnecessary injuries. At the same time, parents should also treat unexpected incidents that occur on campus rationally and should not solely blame the school or teachers. In addition, establishing a risk sharing mechanism is also an important way to address campus safety issues. By introducing mechanisms such as insurance, the risk of campus accidents can be dispersed and transferred, reducing the economic pressure on schools and parents. This can not only protect the rights and interests of students, but also make schools more confident in carrying out educational activities. The principle of "no fault, no liability" is a manifestation of the progress of the rule of law and an inevitable development of education. I hope that under the protection of the law, schools can actively carry out sports activities, allowing students to run freely and grow up healthily in the sunshine. At the same time, we also hope that parents and all sectors of society can provide schools with more understanding and support, and work together to create a safe and harmonious environment for children's growth. (New Society)

Edit:Luo yu Responsible editor:Wang er dong

Source:yangtse.com

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