Sports Infringement At Your Own Risk

Respond to the call"strengthen sports, strengthen body quality", sports has become the indispensable part of life. From amateur sports to professional sports, from school to sports association, sports is not only the way of physical exercise but also the occupation of the people who love it. Like the westerners said,"somebody pays to play, while others play in order to be paid", the former is amateur sports, the latter is professional sports. No matter which kind of sports, everyone has realized the risk in it, especially some sports with violent and frequent touch appears and become popular, the tort in sports is more and more frequent. It is important to distribute the damage and responsibility of sports tort reasonably. Only if the damage and responsibility has been reasonably distributed, the loss can be compensated while the initiation of players will not be ruined.In this essay, I mainly aim to present the defense--- assumption of risk which the inflictor can use to protect himself. Because there is no assumption of risk in China, at the beginning of the essay, I will introduce the application of assumption of risk in the countries of Anglo-American Law. And then on the basis of analyzing the status quo of China, I think we should introduce Assumption of risk into China as the defense in sports tort.In the first section of this essay, I will give the general idea of sports tort, including the conception, the essential conditions, and the features of sports tort. Besides, I focus on discussing the particularity of sports tort from the following points: the features of sports, the inner risk and the liability principle.In section II, I will introduce the general theory of assumption of risk, including the concept, the feature, the type and the force of assumption of risk. Through this section, the readers can fully understand this defense. Now, the consent of victims is the defense of inflictor in sports tort. I will express my disagreement and compare these two kinds of defense at the same time. I found that assumption of risk is more suitable to be used as the defense in sports tort.In the last part of this essay, I will focus on the special application region of assumption of risk --- sports tort. I will discuss the application of assumption of risk in amateur and professional sports respectively. So, on the basis of my analysis, I suggest that we should introduce the assumption of risk as the defense of inflictor in sports tort.