[Reprint] physical injuries causes and countermeasures of accidents _ Shepherd

ԭ�ĵ�ַ��������˺��¹ʷ����ԭ�򼰶Բ����ߣ�����������˺��¹ʷ����ԭ��notebook data recovery�Բ�����(new jersey home equity loan rates569459387)19:27:bill consolidation loan mortgage second51ת����ѧ���˺��¹��У�������Ϸ�����˺��¹�ռ���൱��ı��� This is itself in physical education with sport and intense nature, confrontational and open identity inseparable. This article from reason, liability and aspects such as prevention and countermeasures, physical injuries for some brief analysis. first, the occurrence of physical injury accidents cause 1. injuries due to facility for security breaches. Refers to the school venue, facilities, instruments and so does not meet the safety standards of the State or the relevant Department, injuries caused by security breaches. example 1: on school physical education class, a leaping catch at free time of male soccer bar but the bar is fixed firmly and overturned the causes bar pressure at the boy's abdomen, causing serious injuries. 2. teaching content exceeds normal capacity of the students. Refers to physical education teaching content, intensity, and so manifestly exceeds the normal body of the student sustainability as a result of accidents. case 2: an elementary school on four grade physical education classes and teachers within the distance of 32 m sets the bench with four obstacles to require students to more barriers between runs. Exercise, students were high a barrier trip and hurt the bench, was rushed to hospital for treatment. The parents and school consultations did not, bring an action before the Court. The Court identified the PE content in violation of the original guojiajiaowei the provisions of the full-time primary school PE curriculum, its intensity and complexity exceeds the capacity of a four-year students. Court judgment to pay medical bills, nursing fees, transportation costs. 3. the teacher in the teaching of faults. Refers to the physical education teacher in the teaching process as there is a fault, if no requests in a timely manner, and draw the attention of students in physical education matters, without sufficient warm-up before exercise, not to take the necessary protective measures, flocks during teaching the class, and leave as a result of accidents. case 3: a middle school in one high school female students in physical education classes when you make a forward roll practice session, trouser pocket mounted crochet dived into the stomach, causing serious injuries. The investigation, the PE teacher before class and their attendance has not been done, such as clothing, carrying goods necessary requests and reminders. 4. student health causes harm. Refers to the student body itself there is a do not apply in the exercise of the diseases caused by injuries. case 4: a high school freshman in the 400-meter race and tests in sudden collapse, coma. Teachers will be rushed to the hospital in a timely manner, but died due to invalid rescue. Subsequently identified, some suffering from congenital heart disease, but to successfully be admitted into the middle school, deliberately concealed the condition, and in order not to make the school discovered that adhere to participate in a sports quiz. 5. the fault of the injured as a result of the third party. Refers to the physical education classes, but the students of physical education teachers and injury due to accidents caused by fault of a third party. case 5 junior middle school students are in physical education in a University, a dog suddenly broke into the crowd, 12 years old student of Wu a bite. Due to poor medical conditions on the ground, three days later to get rabies vaccine, Wu a one week after deaths due to rabies outbreaks. 6. the event of an accident that injured. Refers to physical education teachers ' and students ' unforeseeable, irresistible causes of accidents that occurred. case 6: high school student in a University on the physical, physical education teachers lead students to finish after warming up, organizing students practice jump rope, teachers care. Student trip Xu accidentally when skipping rope, abdomen, causing traumatic rupture of spleen. second, the legal responsibility of the school physical education injuries on the physical injuries, like other injuries, in determining whether schools bear the responsibility, should be based on fault liability is the liability of the principle that fault should assume responsibility, and shall have no liability without fault. Therefore, in these situations, due to fault or flaw facilities, teaching more than normal capacity of the students, teacher in the teaching of accidents caused by negligence, schools should be principles of liability based on fault liability. For example, in the case 1, for sporting equipment for security breaches and the students were injured, there is an obvious mistake, injured boy can't foresee soccer bar may be turned over, there is no fault, so schools are advised to take full legal responsibility. As in case 2, beyond the requirements of the curriculum of physical education teachers, more obstacles to four grade of primary school students run training, its intensity and degree of difficulty of the teaching content clearly goes beyond the students ' ability to load, judgment of the Court according to the fault principle responsibility. In addition, if mixed faults occurs, that is, in addition to school at fault, the injured student or third party depositFashioned, each Party shall corresponding legal responsibility under the respective degree of fault. For example, in case 3, PE teacher before class, reminding students are not required to check whether or not carried dangerous goods, it has a fault. At the same time, the injured girl with limited capacity for civil conduct, should be foreseen to carry crochet p, risk in the trouser pocket, but it did not anticipate because of carelessness, it also has some faults. In case 3, schools for girls and should assume corresponding responsibilities. Similarly, due to their own health cause of injury, caused by any fault of a third party injured in cases, if a school does not have faults, the school is not responsible. For example, in case 4, a deliberate concealment of disease, subjective fault, knew nothing about this in school, did not breach their duty of care, and therefore does not have a fault. Accordingly, the school does not assume liability. But if the school knows or should know that there is suitable for students to take part in sports after the idiosyncrasy, still requires or agrees with the students to participate in the campaign as a result students being hurt, there is a fault should be regarded as schools. As in example 5, should be based on general principles of civil law section 127th of causing prejudice to the relevant provisions of the animal, by the owner of the dog (owner or Manager) take full responsibility. worthy of attention is the 6th that, due to injuries caused by accidents. In this case whether the school should take responsibility and is now in the legal community there is a dispute, all over the Court are not the same. The view that, as a result, schools generally do not have a fault in the accident and should be according to the Supreme People's Court concerning the implementation of the General principles of civil law issues opinions provided for in article 160th concluded that school does not assume liability. Another view was that, in this case, not in accordance with the implementation of the General principles of civil law issues opinions provided for in article 160th (that is, in the cases of harming schools at fault, liable), derive no liability without fault of the conclusions. Because of legal and judicial interpretations have not expressly provided for in the case of schools and students are not at fault, question of whether schools shall be liable for, and should therefore be in accordance with the provisions of article 132th of the General principles of civil law, by the school based on the principles of equitable responsibility partly responsible, that is, depending on the extent of the damage, both sides of the economic situation, social media, share part of responsibility by the school. third, physical injuries prevention and countermeasures 1. pay attention to the leadership, system to sound. Free little things, for schools, especially physical education classes, and even more so. 2. it should be noted that the school sports facilities within the school is perfect, there is no security risk, and periodic inspection found vulnerabilities should be excluded in a timely manner. 3. the school should be strictly in accordance with the requirements of the syllabus for teaching to prevent students injured due to hyper-an outline of the teaching content. 4. physical education teachers should increase accountability, improving the level of business, and try to avoid accidents caused by mistakes in their teaching. Needs to be emphasized is that during the class, the teacher should not tuogang, should not let the student movement in the event of lost teacher supervision. Especially in the Group during the training of teachers not to themselves do not personally arranged some instructors of hazardous activities, such as throwing the shot. In coaching a team of teachers at the same time, should pay attention to other teams and found that students are at risk when you move, you should promptly stopped. 5. schools should remind parents, such as the student is not fit to the idiosyncrasy of strenuous exercise, should be reflected to the school in a timely manner, in order to prevent accidents from occurring. 6. after a sports injury accident occurred in class, physical education teacher and school-related personnel shall, without delay, where the so as to avoid not sometimes lead to adverse consequences of treatment increased. Whether or not they are responsible for the accident, should all be in a humanitarian and professional ethics for educators in schools, in all its aspects concerned, care and comfort the injured students and parents, within the means necessary for their help, this is also conducive to the solution of the problem.