Personal Injury Infringement Of Competitive Sports

With the development of society and economics, sports has been an important method of people's fitness and entertainment all over the world, the disputes caused in sports games and trainings have attracted the social attention.More and more disputes because of sports injuries, so how to resolve disputes because of injuries in competitive games, and what's the constituents and defense of competitive sports tort by athletes. All these need to be answered by tort law. However, it's not perfect in the portion of legislation in torts, and it's not ample in the study of torts of athletes, either.This paper studies the structure of the Chinese academic circle infringing theory follows the logic framework, content mainly includes tort concepts, tort constituents and imputation this several important aspects. Paper is divided into five parts of competitive sports athlete trying to tort liability for systematically discussed.The first part is athletic sports injury tort overview of competitive sports, the paper puts forward a personal injury infringement, expounds the concept of a five characteristics, main features were qualitative and sports of the particular time and space, activities relevance, responsibility identification on the basis of the particularity and athletic sports injury infringement for the injury consequence personal injury. Mean while. Athletic sports injury tort should be different from the general tort liability law tort.The second part introduces athletic sports of personal injury infringement imputation principle, first proposed our country's imputation system should be made up of fault liability principle, no-fault liability principle and fair liability principle in competitive sports together constitute infringement, in the cognizance of fault liability principle should according to different situation also adopted subjective and objective said. The rules of sports events, and paying attention to the role of that fault.The third part of punishment law and law respectively from the analysis on the athletic sports injury tort defenses of competitive sports in civil field,infringement defenses of peculiar to a victim agree, since Kennedy risk, the predetermined disclaimer, which is suitable for the risk from wagon athletic sports injury due to the disclaimer infringement.The fourth part briefly discusses the personal injury infringement of competitive sports in the bear the tort liability, analyzes the main body and the liability tort scope.The fifth part of competitive sports in china, the author about personal injury tort legislative situation, from legislation form and legislation contents are put forward on some legislative suggestions.