| From 1984 at the 23rd session of Olympic Games, China fired at athlete Xu Haifeng to obtain the first gold medal, to the present sports powerful nation, China's sports enterprise has already taken the result which attracted worldwide attention. The Olympics Game, held in Beijing this year, will certainly bring the turning point of the Chinese sports industry development for us. Regardless of the specialized sports athletics, or the extra-curricular recreational activities, the sports already became one method about the people's fitness, the entertainment, and the exchange among the countries all over the word. Because the competitiveness of sports itself never changes, the risk must be raised, especially the high risk irritant event which likes for the youth.Therefore, the disputes among the competitors has been attracted the social attention from all walks of life, such as the sports man, the legal personas, and so on. It is important to determine the nature of the disputes correctly, and share the damage compensate responsibility reasonably, as well as the litigant may cite what kind of theory in what kind of situation to defend and other problems in the court. Besides, law on sports still was imperfect in our country, which caused the law not to play the key role in the system of the safeguard for the sports, also could not protect the athletes, as well as other participant's rights and interests.This thesis focus on the abuse of authority macroscopically which injures regarding the athletic contest in person elaborates. Finally proposes own ideas and the suggestion to our country's judicature practice on sports torts.In the first part, author analyzes the differences between the basic law of the civil and the sports infringement, and obtains the definition and the characteristics of the sports tort.The second part introduces the responsibility principle of the sports tort, including the fault and the strict ability. Moreover, the author also gives an idea about the principle in the school sports. The third part mainly elaborated the four constitutions of the sports tort, which came from the analysis of the sports tort, and based on the participant's fault to classify the different conditions.The next emphasizes the defense of the athletic tort, including the assumption of risk, the consent of victim, the comparison fault and contribute negligence, and other exempt situations. Moreover, the author cited the cases to explain several kinds of theories in the judicial practice.In the fifth part, the right of request has been made the brief elaboration. Besides the thesis explains the scope and the content of the compensation plus computational methods, and provide the author's viewpoint about the mental compensation.The end of the thesis examines sports tort law of the legislation and the judicial practice carefully, several national related sports insurance legal rule, proposed to our country's sports legislation own suggestion, carry on smoothly for the safeguard sports with athlete's health provides in legal the basis.
|
PDF Full Text Request