| （Department of Law，Chinese Academy of Social Sciences，Beijing 100732，China） Abstract: By means of case analysis, coupled with the legislation of the tort law of China, the author analyzed im-portant legal issues such as the principle for determining the liabilities for damages caused by school physical edu-cation, and liability constitution, and pointed out the followings: damages caused by school physical education should base on the principle of liability for fault as the general principle for liability determination, and the principle for fault determination as an exception, and use the principle of fair liability cautiously; the 4-essential doctrine should be stuck to for the constitution of tort liabilities for damages caused by school physical education; a rational standard should be established for the duty of care of schools therein in order to determine the faults of schools. Fi-nally, the author analyzed the legal liabilities for damages caused to students by sports classes, extracurricular sports activities, representative team training and competition, sports facilities and sports activities respectively according to various typical forms of damages caused by school physical education.
Key words: sport law；damages caused by school physical education；legal liability；duty of care |
