中国学校体育伤害事故的保险救济制度研究

Abstract

This article probes into the mechanism of athletics hurt insurance. In the first part, this article tells about the basic properties of athletics hurt insurance, such as the definition and characteristic. On the base, the article probes into the system of school athletic hurt insurance in China. It first gives the definition and characteristic of such a kind of insurance, with reference to foreign legislation and practice. and then points out the problems that exist in China’s current athletic insurance mechanism combined with the situation in China. At last, it gives some advice on how to set up the athletic hurt insurance and how to improve it concerning to the problems in China’s system. In the second part, based on the introduction to introduces tort liability insurance, this article probes into the system of athletic hurt liability insurance in China. First, it gives a definition of this insurance and also the category and quality of it. Then, it comes to the conclusion of the principle of tort liability insurance, with the analysis of legislation of important countries. Then with the analysis, concludes the scope of cover and how to insure. At last, it gives the concrete idea about setting up the system of athletic hurt liability insurance system in China, through analyzing realistic problems. The authors believe that since nowadays, the athletic hurt happens frequently in school, it is of great importance to improve the system of school athletic hurt insurance and the system of school athletic hurt liability insurance, in terms of pushing forward the development of school athletic insurance industry, protecting the rights of victim, insuring the regular order of teaching and driving the development of physical education in school.