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On The Improvement Of Infringement Institution In Athletic Sports Injuries

Posted on:2012-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LinFull Text:PDF
GTID:2216330368983689Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Based on juridical cases, this thesis points out the particularities of the infringement in athletic sports injuries, including specificalities of subject, space-time, subjective faults and frequency and high risk of physical contact.The particularities of the infringement in athletic sports injuries include that of constitutive requirements, doctrine of liability fixation, burden of proof and excuse for nonresponsibility or counterplea.According to the current situation of legal protection of infringement in athletic sports injuries, there exist some problems:subject of liability is indefinite; the doctrine of liability fixation is out of order; the identity of faults lacks standardization and compensations are in low standard. This thesis also compares and uses the institution of foreign countries for reference such as America, Britain and Italy which are advanced in legislation.Finally, this thesis puts forward four suggestions to improve infringement institution in athletic sports injuries in our country. First, different doctrines of liability should be adopted to different sports. Second, different standards of fault identity should be adopted to different sports. Third, subjects of liability should be definite. Fourth, compensation should be in higher standard.
Keywords/Search Tags:athletic sports, sports injuries, tort liability, constitutive requirements, doctrine of liability fixation
PDF Full Text Request
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