2. The current situation of students' sports rights under the background of sunshine sports 2. 1 Overview of students' sports rights With the continuous development and improvement of sports law theory, the research on students' sports rights theory is getting deeper and deeper. But what exactly is the student's sports right? So far there is no unified definition. Domestic scholars have defined the concept of students' sports rights from different angles, such as "students' sports rights are recognized rights enjoyed by students in various sports activities and aspects at school [2]" and "students' sports rights are freedom of behavior choice in sports activities [3]". To sum up, the author thinks that students' sports rights are defined or implied in legal norms and realized in legal relations. Students can act or not act in various sports-related activities or ask their families, schools and society to act or not act in order to obtain benefits. According to the provisions of Chinese laws on students' sports rights, combined with the reality of school sports, we think that students' sports rights mainly include the right to receive physical education, personal rights in sports activities and the right to participate in sports activities freely.
2.2 Constraints on the realization of students' sports rights Although China has promulgated laws and regulations to protect students' sports rights, there are still some violations of students' sports rights in practice, so students' sports rights have not been fully guaranteed and realized. There are mainly the following constraints. 2.2. 1 Sports Injuries Students' sports injuries refer to the physical activities inside and outside the school (including physical education class, extracurricular sports activities, sports competitions and extracurricular sports training) organized and implemented by the school, as well as accidents in stadiums and other sports facilities for which the school has management responsibilities, resulting in personal injuries to students [4]. School sports injury accidents are an important factor that restricts the smooth progress of sports activities such as "sunshine sports" and the realization of students' sports rights. When dealing with sports injury accidents, we must first make clear whether the school is the guardian of the students. From the provisions of Articles 16 and 17 of the General Principles of Civil Law, it can be seen that the scope of legal guardians in China is based on kinship, and is set in close relatives, but schools are not required to undertake guardianship duties. In addition, Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "Schools, kindergartens or other educational institutions that have the obligation to educate, manage and protect minors fail to fulfill their relevant obligations within the scope of their duties, causing personal injuries to minors, or minors causing personal injuries to others, they shall bear the liability for compensation corresponding to their faults." According to this regulation, the legal relationship between schools and students is an educational management and protection relationship. Obviously, both the General Principles of Civil Law and the Supreme People's Court's judicial interpretation have answered that schools are not guardians of students, but only have the obligations of education, management and protection. In judicial practice, school sports injury cases, as infringement cases, should first determine the applicable imputation principles when determining the responsibilities of all parties. Attribution refers to the basis on which the actor should bear the responsibility for the fact that his actions and objects have caused damage to others. This basis reflects the value judgment of the law, that is, whether the law takes the fault of the actor or the damage that has occurred as the value judgment standard or takes fair consideration as the value judgment standard, so that the actor can bear the tort liability. A certain principle of imputation determines the classification of tort, as well as the constitutive requirements of liability, burden of proof, exemption conditions, principles and methods of damage compensation, and the basis for reducing liability [5]. China's General Principles of Civil Law stipulates the principles of fault liability, no-fault liability and fair liability. In the school sports injury accident, the school is at fault, so there is no doubt that it should bear the fault responsibility according to law. But if the school is not at fault, can the principle of fair liability be applied? Fair liability, also known as equitable liability, means that the people's court, based on the concept of fairness and considering the property status of the parties, orders the injurer to give appropriate compensation to the innocent victims for their property losses [6]. One of the characteristics of fair responsibility is that it is still a legal responsibility rather than a moral responsibility in nature [7]. If fair liability is applied, the school will always face the legal risk of damages [8]. If the school should bear the legal responsibility for the normal physical education class or the injuries in sports activities, then the school will be very cautious about the development of physical education class and sports activities.