Research On Exemption Reason For Leisure Sport Tort

Continuously raise along with people's living standard, athletics place, facilities of gradually perfect, and healthily the exaltation of consciousness, the especially characteristic sport method gets a quick development. With take part in outdoor exploration sport for example, number continuously growth, according to incompletely statistics, only Beijing has already been no less than 5 myriad people to love this sport currently. But because the sport oneself of risk, since 2000, at our country explore the death toll as more than 10-20 persons annually, in 2006 death toll is 23 people, almost take place in the self-help to explore sport .Face the newly arisen leisure sport tort responsibility how to affirm, the scholars have different viewpoint and also exist different way of doing in the judicial fulfillment.How find out a kind of suitable path in the leisure sport tort will injure a responsibility reasonable allotment, can reduce the burden of victimizing the square, promote again the healthy development that the leisure sport , didn't need responsibility origin of matter to have decisive of balance function, at the same time from practice angle to see, research to exemption reason for leisure sport tort to perfect contribute to the development that the leisure sport to the fair protection that victimizes a person and adds to harm person both parties, promote the consistency of judicial decision. According to this, this text carries on a definition to the leisure sport first and subsequently passes the case of combining the leisure sport to analyze, comparison of assumption of risk and victim consent that composing and effect, on this foundation explain our country the tort theory should choose to victim consent as exemption reason for leisure sport.Chapter 1, passes the definition to the tort to leisure sport and point out that the special of leisure sport tort , then analytical how affirm the tort in leisure sport.Chapter 2, definition from the concept of assumption of risk, passed to analyze from the assumption of risk composing and the effect conduct and as exemption reason for leisure sport to apply, get at compare mistake under the system, assumption of risk as exemption reason not proper existence alone.Chapter 3 ,passes the concept that the introduction victim consent, type composing and effect, relatively analyze it with from the different and similar of assumption of risk, analysis victimize a person to agree conduct as exemption reason in leisure sport is suitable.Chapter 4, combines textual standpoints and put forward a method at the our country torts law, choose to victim consent as exemption reason in leisure sport and suggest some countermeasures to perfect it.