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Athletes’ Personal Tort Liability In The Process Of Athletic Sports

Posted on:2013-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y F YangFull Text:PDF
GTID:2246330395992443Subject:Civil and Commercial Law
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With the economic and social development, the influence and function of the modern athletic sports on the social life are also increasing. As more and more people participate in athletic sports and the Olympic flame are inherited constantly, all kinds of competitive sports activities also show upward trend. When people pay more and more attention to the stimulation and splendidness of athletic sports. The intense competition and challenge hidden in athletic sports have made athletic sports a dangerous social activity. Especially personal injury accidents in the process of athletic sports, so it should cause the most attention of people. How can athletic sports play a role in entertainment and social effect, and guarantee the personal safety of the participants in order to maintain the enthusiasm of the public participation, it is a great social significance. This paper regards athletes’personal accident in the process of athletic sports as a special kind of tort liability, analyzes and discusses the related problems. This is why I choose this issue that this paper can be helpful for the establishment of law relation In athletes’personal tort and the construction of a harmonious environment of sports.This paper is written by means of the logical reasoning method, case analysis method and comparative analysis method, combining with "torts". It follows logical form and babits that domestic scholars research the tort theory, starts from the concepts of athletes’personal tort liability in the process of athletic sports, and makes a deep analysis into the legal sphere、the legal liability and absolutional conditions applied in athletes’ personal tort liability In the process of athletic sports. On the basis of the current situation In China’s tort law legislation, I put forward some perfect suggestions.The first part mainly expounds the concepts and characteristic of athletes’personal tort liability in the process of athletic sports. Athletes’ personal tort means athletes misconduct without the purpose of the need to match leads to others personal interests damaged in the progress of athletic sports. So athletes’personal tort liability In the process of athletic sports can be defined "athletes shall be liable for infringement liability because his personal tort damage others’interests". Then this section analyses the characteristics:time and space, specialness and high risk.The second part deals with this principle of imputation of athletes’ personal tort liability In the process of athletic sports. Fault principle should be applied to the athletes’personal tort liability. Firstly, this section discusses the imputation system of our torts as a background, combing with the foreign situation in torts, the paper analyzes the advantages and shortcomings of fault principle and no fault principle. I summarize that the fault principle can set limits of freedom for athletic sports, So as to achieve balance of freedom and limit. In addition, identity equality and interchange of athletes also can be used as the basis of the principle of fault appling.The third part analyzes the components of athletes’personal tort liability In the process of athletic sports. The section is divided into five parts:the subject of the tort, the space and time, damages, illegality and fault, causal relations. It Focuses on the analysis of the athletes’illegality and fault when they infringe the right to life、health、body and so on. Generally speaking, because deliberate tort relatively seldom happen on the arena, violence on the arena is easy to judge. The difficulties I written this paper mainly is judgement of negligence. So subjective and objective factors must be combined, and refer to the different kinds of factors " whether the action is in violation of the game rules or conventions, whether the behavior aims at the match, the nature of the sport, athlete’s own situation and so on". Furthermore, it has a certain reference meanings to the judgment of athletes personal infringement In the process of athletic sports that the theory of correspond casuality contains "conditional relation" and "correspond" judgement.The fourth part elaborates on defences. At present, scholars have more discussion about the assumption of risk, the victim consent. Therefore, I emphatically and dialectically analyze the advantages and disadvantages of the assumption of risk and the victim consent. And on this basis, restrictive exemption clause, the victim’s fault, the third person’s fault, force majeure, etc were comprehensively analyzed on the paper.The fifth part discusses the legal liability, contains four parts:the undertaking ways of liability, the subject of compensation for damages, the scope of compensation and the transfer of liability risk. The main means of athletes’personal tort liability In the process of athletic sports is the compensation for damages and offering an apology. The subject of compensation for damages mainly is the athletes and employers, but adults and minors should be ruled differently. The scope of compensation can not be limited to material damages, the mental damage compensation should be considered, considering the liability allocation and employers、 athletes’positivity of participation, sports insurance and security system should be taken as a supplement.The last part starts that aiming at the current situation in legislation of sports torts, I put forward some perfect ideas. In the field of China’s tort law, there are mainly the administrative legislation or regulations about the school sports injury accident. It doesn’t exist the regulations about the athletes’personal tort liability in the process of athletic sports in tort law. So I compare the different modes of legislations, and think that it’s more reasonable to integrate the relevant theory of athletes’personal tort liability in the process of athletic sports into tort law in the future civil code.
Keywords/Search Tags:athletes’ Personal tort, fault principle, damages, illegality, fault, assumption of risk, victim consent
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