Research on the Relationship between Age of Minors and School's Duty of Care in School Physical Injuries——An Empirical Analysis Based on 241 Judicial Documents
Research on the Relationship between Age of Minors and School's Duty of Care in School Physical Injuries——An Empirical Analysis Based on 241 Judicial Documents
In school sports injury cases,the age of students plays a vital role in the identification of school's duty of care.Howev-er,the current judicial practice has a misunderstanding of school's obligations of"education,management and protection",which is not conducive to safeguarding the basic rights and interests of students and their guardians,nor to improving school's enthusiasm for or-ganizing campus sports activities.The study,based on 241 judgments,concludes that school's duty of care can be divided into three as-pects:precautionary safety education,in-process supervision and post-injury treatment.In both the precautionary safety education and the post-injury treatment stages,there is basically no connection between students'age and school's duty of care,while in the in-process supervision stage,there is a negative correlation between students'age and school's duty of care.In the future judicial prac-tice,judge's determination of school's liability should be carried out in strict accordance with civil conduct capacity,civil conduct ca-pacity to predict danger and control capacity.For people with limited civil conduct capacity,school's duty of care should be subdivided into three age stages-9 to 12 years old,13 to 15 years old and 16 to 17 years old.
关键词
年龄/注意义务/学校体育伤害/校方责任/民事行为能力
Key words
age/duty of care/school physical injury/liability of school/capacity for civil conduct
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