Legal Analysis On Infringing Act Of Sports Injuries

Sports is a hot topic, the crowd who participate in fitness of physical training increases day by day, the international sports competitions have attracted more and more attention all over the world too. And, accompanied by the arrival of 2008 Olympic Games, this trend will be strengthened constantly. More frequently people articipate in the exercise, the greater danger people will meet in doing sports, and the situation injured in experience will increase too. Among these injuries, some are caused by infringing acts. This appearance will initiate a great deal of problems of injury compensation. And, there are certain difficulties in the confirming of legal liability about this question. Moreover, because domestic theories relevant to the principle of attribution of responsibility are scarce, this make the application of law is very difficult. It's necessary to remedy this blank quickly.Infringing acts of sports injuries have the same characteristic with general tort. It includes four important constitute elements. Generally speaking, the infringer causing the hurt should be responsible for his or her behavioral directly. But there are exceptions, to some facts of the damage, people bearing the compensation actually has no fault of his or her behavior. So, the investigation of the legal liability needs to contact with the actual conditions, and the facts always seem to be very complicated and changeable. Therefore, to master the the principle of the attribution of responsibility needs to understand the characteristic, intension and classification of this behavior clearly first of all.This thesis starts with the external form of expression of infringing acts in sports, and analyze the reasons of its occurrence, the constitute elements of this infringing acts and its classification, etc., in order to understand the characteristics about this behavior. Second, the next chapter tries to make a tentative definition of infringing act of sports injuries from above aspects. Then, the development and the conception of the principles of attribution of legal responsibility have been described. Combining with the relevant cases both at home and abroad, the application of different responsibility which include fault liability, fair liability and liability without fault also have been introduced. Finally, through explaining the defects in legislation, compensation of damages, sports insurance, some problems exist in sports are brought up, this will supply to the research of tort in sports.This thesis expounds the issues involving sports and law in the way of which from phenomenon to reason, from the behaving of infringing act to attribution of responsibility. And it hopes to play a supplementary and promotes role in probing into the legal issues about sports thoroughly.