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Mass Sports Activities Of Tort Liability And Relief

Posted on:2012-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:B QiaoFull Text:PDF
GTID:2207330335971882Subject:Humanities and sociology
Abstract/Summary:PDF Full Text Request
It often happen sports injuries in mass sports. But treatment of injury accident is rather complex. In theory and legal practice, we do not pay close attention to the essential difference between different sports activities. Especially, we often confuse the distinction of the athletic sports, school sports and mass sports. I use vinous methods of experts investigation, literature-material, theoretical analysis and combine with typical cases to research infringement of mass sports through the comparison between the three kinds of sports. And analyze its imputation principle and relief way. Finally put forward some personal shallow opinions.1. With imbalance of development and particularity of activities, mass sports for the purpose to leisure, entertainment, exercise make participants with higher personal risk. Obviously, this runs counter to the purpose of the mass sports activities, and its risk is higher than athletic and school sports.2. Participants in mass sports are uncertain. Age, technical level, training experience, sports cognitive and moral factors of these participants are jagged. Status of both sides is unequal in most tort -injury accidents of mass sports, and have obvious difference of strong and weak. Law to protect disadvantaged groups asks strong ones to bear more obligations of care. If they do not fulfill the due duty of care, Strong group should bear corresponding responsibility for compensation, even no-fault liability fixation.3. General infringement and sports crime have same structure in mass sports, so its imputation don't consider the sports' particularity, and apply Civil law and Criminal law according to its constitutions.4. Intentionally hurt behavior in mass sports should apply "Tort theory" to impute responsibility, whether consequences are not serious. That is say, person causing the injury make compensation to victim.5.'Risk prone theory' must use apply carefully, and should consider fully some unique features in mass sports.
Keywords/Search Tags:infringement, Sports infringement, Imputation and relief
PDF Full Text Request
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