Abstract
In recent years, the outbreak of many school sports injury accidents aroused widespread public concern about liability determination of accident. Previous studies have examined the legal application of the liability principles from a law perspective, but few kinds of research attempted to analyze the progress of liability determination from the perspective of “law economics”. To fill this research gap, we introduce the evolutionary game model, as an important theoretical tool of “law economics”, to investigate how various factors influence the strategy selection of the parties, as well as examine what liability principle can effectively treat school sports injury accidents. The results indicate that the strategic selection of the subject of liability is significantly related to the accident compensation cost and the prevention cost of both parties. Moreover, we also find that both strict and proportional liability rules can play key roles in dealing with the issue of liability determination of school sports injury accidents, but the two liability rules have different effects on the strategic selection of parties. More specifically, compared to the strict liability principle, the proportional liability principle can motivate both the school and the students to adopt the active strategy of “appropriate caution” to prevent occurring sports injury accidents in schools.
Highlights
The all-round development of students, including moral education, intellectual education, physical education, artistic education, and labor education, is the leading idea of school education in China [1].Under the guidance of this educational thinking, physical education has aroused widespread attention from the public
The results show that the cost of accident compensation and the prevention cost of both parties to the accident play a key role in the imputation progress of school sports injury accidents
The existing studies focus on investigating the liability determination in school sports injury accidents from a law perspective; few scholars explore this issue from the “law-economic” perspective
Summary
The all-round development of students, including moral education, intellectual education, physical education, artistic education, and labor education, is the leading idea of school education in China [1].Under the guidance of this educational thinking, physical education has aroused widespread attention from the public. The Ministry of Education announced that some indicators, such as the opening rate of physical education classes, the training of sports programs, as well as the regular organization of sports games, etc., would be considered in physical education supervision and evaluation system [3]. Despite those laws and policies have provided the system safeguards for the development of school physical education; in practice, sports injury accidents still occurred frequently in the process of school physical education. Taking Beijing as an example, 171 cases of civil litigation disputes caused by injuries in physical education teaching and extracurricular physical activity entered the field of judicial relief through litigation by the parties, requesting the court to determine the liability between 2000 and 2010 [4]
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