Competitive Sport Virulence Positioning Of Tort Law And Relief

Because of the competitive sport's professional and dangerous characteristic, make it not only has the ornamental value, but also produces a lot of injury accidents. Especially the competitive sports were dissolved in more and more utility and value in recent years, so the competitive sports not only presented us the exciting games, but also had more and more severe game violence and all kinds of behaviors against the sportsmanship and fair play. Facing to these injury accidents and injury conducts, because the blank of legislation and lacking the long-term or further theoretical research to its nature and settlement mechanism, so the concept and the nature of some matters hasn't been realized clearly. All these leading to lake the right theory of constructivism and blindly adopt the so-called"internal protocol"or"industrial standard"as the basis, and adopt the mediating or negotiation in private as the basic processing mode. This make the result lacking of the public credit and enforcement effect, and not only can't been full accreditation to the all sides, but also difficult to safeguard the victim's lawful rights and interests.Comparatively analysis the relational concept, we can find: the injury accidents of the competitive sports were different from the ordinary infringement damage, it had the characteristic and the particular components, possessed the independence and the regulation .So around the participation of the competitive sports, we can conclude all kinds of side's duty of care in the games, and also conclude the responsibility or compensation when the injury accidents happened. At the same time, we must be necessary to clarify and refute some counterarguments or habitual acts. Only on the basis of these ,can we depend on the perfection of the sports legislation or lawsuit,the autonomy of the profession association,the sports liability insurance and the social security,sports arbitration and so on, achieving the goals of solving the disputes of the competitive sports infringement liability and ensuring the legal rights and interests of involved party in the end.