The system construction on the accidental injury insurance mechanism of school physical education in the newly revised sports law WANG Xusheng
(Koguan School of Law，Shanghai Jiaotong University，Shanghai 200030，China)
Abstract:The frequent occurrence of accidental injury accidents in school physical education is a major obstacle to the school sports management inChina, and insurance mechanisms for transferring risks should actually play a role during that course. However, there is a large gap between the demand for hazard protection and the supply of insurance in the present accidental injury accidents in our country. At the macro level, the provision 33 of the newly revised sports law specifies that the state shall establish an accidental injury insurance mechanism for students' sports activities, but does not make any provisions for its internal regulation at the microscopic level. The study concludes that the system construction of accidental injury insurance mechanism for school physical education should be carried out from two aspects: at first, in the insurance model, establishing compulsory insurance and a premium burden mechanism mainly taken by the government and supplemented by the schools and individuals; and second, in terms of rule designs, adopting group insurance and making it clear that the consent rule should not be applied, and expanding the scope of interpretation of insurance liability, and then establishing different rules for payment of medical treatment and disability versus death.
Keywords: sports law；sports accidental injury insurance；assumption of risk；compulsory insurance；group insurance