Research On The Assumption Of Risk In Sports Injury Tort

With the prosperous development of sports, more and more attention has been paid onthe personal safety in sports. Because risk is inherent in sports, how to decide the shareing ofrisk between parties in sports, and how to protect the rights and interests of the parties fairly,are urgent questions to be solved by both the academia and the practice of law.In this paper, application of assumption of risk in field of sports injury tort was discussed.On one hand, the reasonability and predictability of sports risk match the requirement ofassumption of risk. On the other hand, applying assumption of risk in sports injury tort couldnot only protect the rights and interests of the parties, but also ensure the development ofsports. Both the feature of sports and assumption of risk decide the necessary of applyingassumption of risk in sports injury tort.There are some rules in applying assumption of risk in sports injury tort and theapplication varies with situation. This paper tries to overview the major factors which serve asthe standard in judging by integrating the feature of assumption of risk and the characteristicsof sports injury tort. And explain it in tangible sports to solve the actual problems.Although the assumption of risk is not negligible, there is still little attention paid to itsresearch in our country. The draft of legislation from several experts was not adopted by ‘TortLaw of the People’s Republic of China’. The excuses for non-responsibility in ‘Tort Law ofthe People’s Republic of China’ complete the jurisprudence in our country to some extent.However, with the development of the society and occurrence of new social phenomena, newlegislation of assumption of risk needs to be created to satisfy the needs of society.