加害给付救济制度研究     

林海榕 《福建教育学院学报》2007,8(10):84-86

在加害给付中,债权人的合同利益与固有利益同时受到了损害,传统的合同法与侵权法理论无法对债权人进行合理的救济。责任竞合理论试图解释加害给付赔偿请求权的法理,但总存在着缺陷或不足。建立独立的加害给付救济制度是一种新的选择。其在责任的构成、范围、举证等方面均有别于传统的合同法与侵权法的规定,从而有助于实现对加害给付受害人的公平救济。  相似文献   

关于铁路交通事故侵权行为归责原则及责任形态的考察——以张某夫妇诉金温铁道公司人身损害赔偿案件为背景     

刘一展 《哈尔滨学院学报》2011,32(3):63-66

铁路交通事故侵权行为应采无过错责任原则。最高院《关于审理铁路运输人身损害赔偿纠纷案件适用法律若干问题的解释》生效后,首例铁路运输企业承担主要责任的人身损害赔偿案的判决,体现了严格掌握免责事由、积极适用过失相抵及倾向性保护未成年受害人利益的主旨。  相似文献   

第三人侵权造成工伤事故赔偿研究     

伍年华 《广东广播电视大学学报》2011,20(5):60-64

在工伤保险与民事赔偿这样不同的赔偿制度之间,目前国内外主要有选择模式、取代模式、兼得模式和补充模式四种基本模式,并在不同的时期发挥着不同的作用。随着社会的发展和法治进程的不断深入,应使受害职工能够及时、充分和公平地得到救济,同时让侵权人承担相应的法律责任,从而彰显法治精神的正义。  相似文献   

Is there really an eccentric action of the hamstrings during the swing phase of high-speed running? part I: A critical review of the literature     

Bas Van Hooren  Frans Bosch 《Journal of sports sciences》2017,35(23):2313-2321

It is widely assumed that there is an eccentric hamstring muscle fibre action during the swing phase of high-speed running. However, animal and modelling studies in humans show that the increasing distance between musculotendinous attachment points during forward swing is primarily due to passive lengthening associated with the take-up of muscle slack. Later in the swing phase, the contractile element (CE) maintains a near isometric action while the series elastic (tendinous) element first stretches as the knee extends, and then recoils causing the swing leg to forcefully retract prior to ground contact. Although modelling studies showed some active lengthening of the contractile (muscular) element during the mid-swing phase of high-speed running, we argue that the increasing distance between the attachment points should not be interpreted as an eccentric action of the CE due to the effects of muscle slack. Therefore, there may actually be no significant eccentric, but rather predominantly an isometric action of the hamstrings CE during the swing phase of high-speed running when the attachment points of the hamstrings are moving apart. Based on this, we propose that isometric rather than eccentric exercises are a more specific way of conditioning the hamstrings for high-speed running.  相似文献   

北京市男子大学生足球运动员运动损伤特征与风险因素筛查     

吴放  陈效科 《北京体育大学学报》2017,40(7):56-62

摘要：目的：掌握北京市男子大学生足球运动员运动损伤的流行情况，对导致运动损伤发生的风险因素进行筛查，为进一步预防男子大学生足球运动损伤的发生提供依据。方法：应用方便分层抽样的方法，对参加北京市男子大学生足球联赛甲、乙、丙组的14所高校249名在校大学生足球运动员的损伤情况进行调查，应用T检验、单因素χ2检验与二元非条件logistic回归模型进行分析。结果与结论：充分了解了北京市男子大学生足球运动员的运动损伤现状和特征；筛查出为运动损伤发生的主要的风险因素；错误的技术动作、对手的粗野动作导致损伤发生的主要诱发事件。  相似文献   

Acute fatigue negatively affects risk factors for injury in trained but not well-trained habitually shod runners when running barefoot     

Nicholas Tam  Devon R. Coetzee  Safwaan Ahmed  Robert P. Lamberts  Yumna Albertus-Kajee  Ross Tucker 《European Journal of Sport Science》2017,17(9):1220-1229

Introduction: Many factors may contribute to running-related injury. These include fatigue and footwear, the combination of which has rarely been studied, in particular with reference to barefoot running, recently advocated as a method to reduce injury risk. Methods: Twenty-two runners (12 well-trained and 10 trained) participated in a 10?km fatiguing trial. Knee and ankle joint kinematics and kinetics and electromyography were assessed during overground running in the barefoot and shod condition. This was performed pre- and post-fatigue using a motion capture system and force platforms. Results: Initial loading rate increased in the trained runners when barefoot but not shod. Shod knee stiffness increased in both groups after fatigue, whereas barefoot knee stiffness decreased only in the trained group. A reduction in barefoot bicep femoris pre-activation was found in both groups. During stance, a reduction in vastus lateralis and biceps femoris and an increase in tibialis anterior activity were found over time in both groups and conditions. Trained runners decreased gluteus medius and increased lateral gastrocnemius median frequency for both conditions after fatigue. Conclusion: When fatigued, gait adjustments in habitually shod runners may increase injury risk when running barefoot. Training status may be a risk factor for injury, as less-trained runners experience muscular fatigue changes that may compromise ground reaction force attenuation. Caution is recommended when transitioning to pure barefoot running.  相似文献   

Misconceptions about traumatic brain injury among students preparing to be special education professionals     

Karen Hux  Erin Bush  Kelli Evans  Gina Simanek 《Support for Learning》2013,28(3):109-114

The researchers performed a survey study to determine the effectiveness of collegiate programmes in dispelling common misconceptions about traumatic brain injury (TBI) while preparing undergraduate and graduate students for special education (SpEd) careers. Respondents included 136 undergraduate and 147 graduate SpEd students in their final semesters before obtaining degrees. Each completed an 18‐item true/false survey about TBI and the associated recovery process. Results were compared with survey responses from 318 lay public respondents who participated in a previous study. Two major findings emerged: (a) no significant differences existed in misconception endorsement between SpEd students completing Bachelor's versus Master's degrees; and (b) graduating students in SpEd teacher preparation programmes endorsed similar misconceptions as lay public respondents; hence, these programmes do not appear effective in dispelling common TBI misconceptions. Improving academic preparation for special educators regarding TBI is imperative for effectively identifying, assessing and serving student survivors.  相似文献   

Bicycle rider control skills: expertise and assessment     

Borut Fonda  Nejc Sarabon 《Journal of sports sciences》2017,35(14):1383-1391

Abstract

Research on how human balance and control bicycles are inconclusive, largely due to the small number of participants in the previous studies. Therefore, the aim of this study was to test the hypotheses that 1) cycling lateral deviation amplitude will reliably show differences between more and less experienced cyclists and 2) more experienced will exhibit slower and smaller steering motions compared to the less experienced cyclists. Twenty-eight experienced and inexperienced cyclists rode a bicycle in a straight line. Lateral deviation, steering and roll were measured. Intersession reliability of the deviation was high with Cronbach’s alpha values higher than 0.75. The amplitude, variability and rate of steering and roll parameters showed statistically significant differences between the groups. The test used in this study is sensitive to detect differences between more and less experienced cyclists and can be used for further research that aims to test the effect of a specific intervention addressing rider control. We also showed that steering and roll angle, which were described before as two of the main motor control actions in bicycle control, differ in the variability, amplitude and rate between more and less experienced cyclists. The results of the present study have practical implications for improving bicycle rider control and increasing the safety of cyclists.  相似文献   

《学生伤害事故处理办法》存在的问题分析   总被引：14，自引：0，他引：14  

陈博 《体育学刊》2004,11(3):9-13

从我国现行法律法规角度出发,结合学校教育中学生伤害事故的具体情况,分析探讨了教育部《学生伤害事故处理办法》存在的几个问题。《学生伤害事故处理办法》部分条款条文的规定已超越其权限范围、不合理地规避公平责任和需进一步细化具体内容。建议：通过国家立法完善学生伤害事故处理的规范。  相似文献   

Impact absorption of tennis shoe-surface combinations     

S.?J.?DixonEmail author  V.?H.?Stiles 《Sports Engineering》2003,6(1):1-9

The aim of this study was to investigate, for typical shoes and surfaces used in tennis, the relative role of the shoe and surface in providing cushioning during running. Five test surfaces ranging from concrete to artificial turf were selected, together with two shoe models. Impact absorbing ability was assessed mechanically using drop test procedures and biomechanically using peak magnitude and rate of loading of impact force and peak in-shoe pressure data at the lateral heel. Differences in biomechanical variables between shoe-surface combinations were identified using a two-way ANOVA (p < 0.05). Mechanical test results were found to rank the surfaces in the same order regardless of the shoe model, suggesting that the surface is influential in providing cushioning. However, for all mechanical and biomechanical (p < 0.05) variables representing impact absorbing ability, it was found that the difference between shoes was markedly greater than the differences between surfaces. The peak heel pressure data were found to rank the surfaces in the same order as the mechanical tests, while impact force data were not as sensitive to the changes in surface. Correlations between mechanical and biomechanical impact absorption highlighted the importance of testing the shoe-surface combination in mechanical tests, rather than the surface alone. In conclusion, mechanical testing of the shoe-surface combination was found to provide a strong predictor of the impact absorbing ability during running if pressure data were used. In addition, for typical shoe-surface combinations in tennis, the shoe was found to have more potential than the surface to influence impact loading during running. Finally, in-shoe pressure data were found to be more sensitive than force plate data to changes in material cushioning.  相似文献