Researches On The Tort Liability In Physical Education And Sports Injury

With the development of society and economics, sports have been an important method of people's fitness and entertainment all over the world. Sport is an integral industry of contemporary socio-economic development, a part of social cultural diversity and mankind's pursuit of their own development. Along with wide-acceptance of Olympic movement and exchanges the global sports culture, competitive sport which is regarded as the cornerstone of sports is playing an increasingly role in our society. The unique charm of competitive sports makes it become the jewel of sport. Therefore, how to protect these athletes who attribute all their lives to athletics training and contest and even sacrifice their lives deserves our concern. We not only take the sports as a form of entertainment, but should put more concerns on the participants in the personal safety, and more attention to main protection of rights issues. Meanwhile, as a kind of special tort liability, investigating relevant characteristics of the sports injury tort liability has important theoretical significance to perfect the legal system of tort liability.However, just owe to these advantages makes it prone to bring about injures Athletes, who are in the pursuit of higher, stronger, faster, will inevitably have friction and conflict with each other, even cause the physical and mental damages. The old concept thinks that sports shall be immune from legal interference, but impose Industry internal disciplinary action and fines to actors. It can not only educate actors to avoid unnecessary damage, but also can not compensate for damages and settle disputes reasonably. Researching tort liability of athletes in sports can distribute damage between the athletes and the victim reasonably to guarantee the athletic sports orderly and ensure the smooth development of the competitive sports.On research about sports injury tort liability, foreign develop more mature. We can see such cases in the courts in many European countries, such as Netherlands, Portugal, Italy, Sweden, Spain, France, Germany, and Austria. There are full of discussion and debate in the judgment of sports injury tort liability. Sports injury problems occupy an important position in the sport law research in common law countries. In our country, because the whole of the sport law research is so lag, the research about sports injury tort liability always seems strength feeble. In this paper, there are two main strands in the writing process:One is to explore the theory about sports injury tort liability. The second is to analyze many sports injury tort liability cases as the foundation and basis of the author's theoretical arguments. Specific content includes the following aspects:First part concerns on the conception and characteristics of tort of athletes in competitive sports. Competitive sports tort by athletes means the games which athletes take part in directly and abide by rules, and all athletes try to achieve the best achievement. Competitive sports tort by athletes happens in special space-time, the athletes have subjective fault, and the athletes can put to the proof of defenses. Not all the sport damage behavior all constitute tort behavior, the behavior is sports tort damage behavior only when it accords with a series of elements. In nature, sports injury tort liability is a liability for damages and special tort liability.The second part discusses the principle of attribution of responsibility and the constituents of tort of athletes. It put to use fault in attribution. Plaintiffs must try to confirm five parts of the constituents:athletes, the acts breaching rules and spirit of competitive sports, the injuries occurring in training or in the game of sports, causation and the subjective fault of athletes. The core of this part is the fault of tortfeasors. Intention means that athletes predict the damage and purpose of athletes is blameful. The factors in identifying the fault in competitive sports are rules of the game, contraction of body in the game and so on.The third part interprets defense of tort of athletes. It interprets the applicable conditions of exemptions and the scopes of exemption. The rule of content of victims can remit the torts of athletes, and victims should consent authentically and voluntarily. The rule of assumption of risk applies to remit the liability of fault, victims undertake the risk of competition. Athletes and organizers must agree on the arrangement of exemption, and the rule can't apply to immaturities. If the harm caused by the third party, athletes shouldn't assume the liability. Athletes and victims are both fault, and both of them assume the liability according to their faults. The forth part briefly discusses accountability of tort liability. And in this part, the author introduces the scope of tort liability of athletes and how to apply vicarious liability. Requesting athletes to assume tort liability due to damages his fault caused, we can prompt athletes taking reasonable behavior according to the rules of the game and professional moral requirement to avoid the damage occurs. The author thinks that we can even supply liability for damages in the form of physical insurance at the same time. The author also has put forward some solving thinking about the improvement of the legislation and related theories on sports injury tort liability.