【摘要】 运用文献资料法、案例分析法等研究方法,对2则具有代表性的高校学生体育运动伤害案件判决书进行法理研析,以期为体育法学理论及应用提供借鉴。研究认为:在"正式竞赛案"中,高校为受益方,应责令校方给予受伤学生经济补偿;在"非正式竞赛案"中,二审法院突兀地大幅降低补偿义务人的损失分担数额,不甚妥当。基于此,进一步分析上述两则案例各自所属的时空范围之自伤情形与存有侵害人的受伤情形以及高校体育课堂内的各类伤害案件,尝试性地提出《高校组织的体育活动中学生伤害案件之妥善处理规则》《高校学生自发组织的体育活动中伤害案件之妥善处理规则》《高校体育课堂内学生伤害案件之妥善处理规则》3份建议稿。更多还原

【Abstract】 Using the methods of literature review, case study and so on, two typical court cases of injury incurred during football game were investigated. It argued that the college in the case of competition organized by college should be regarded as beneficiary, and the college ought to be ordered to give some economic compensation to the injured student. It was held that the second trial court in the case of competition conducted by students lowered the amount of compensation unconvincingly. Based on this, it further analyzed the situations of get injured by themselves and the existence of wrongdoer in injuries incurred during sports among college students and all types of injury incurred during college P.E. class, three modest suggestions for proper handling rules of injury cases incurred during sports activities organized by college and injury cases incurred during sports activities conducted by college students as well as injury cases incurred during college P.E. class were put forward respectively.更多还原