Research On Liability For Compensation Of The Athlete Human Body Injury

Competitive sports with its unique competitive value, fitness value, commercial value, ornamental value, emotional value has attracted more and more people’s attention, continue to stimulate the people engaged in sports, watching sports events. However, with the development of sports activities, sports athletes personal injury events are becoming more frequent, more and more athletes personal injury disputes should be under the framework of law to solve. How to clear the athletic sports in the personal injury compensation liability, athletes can make the necessary exemptions be exempt and bear the responsibility of compensation for personal injury in case of need, what are its responsibility and scope? These problems need to be law to give a clear answer, unfortunately, although our country has already formed the Chinese characteristic socialist legal system in our country, but this is still not perfect legislation, tort liability law nor on the athlete body injury problems with specific norms, theoretical research is relatively weak.This paper is divided into five parts, makes a systematic exposition on the liability of compensation for personal injury of competitive sports athletes.The first part of the article mainly is carries on the preliminary exposition of competitive sports athletes personal injury, connotation and characteristics of sports to be brief, closely related to emphasize the characteristics and physical hazard athletic body damage, and the concept, the athlete body damage type of fully determined, and emphatically introduces characteristics different from general tort and special tort damage caused by competitive sports athletes personal injury.The second part of the article mainly expounds the imputation principles of liability for personal injury of athletes of different countries, and at present about athletes personal injury liability principle the viewpoints of the popular were introduced and summarized, the author holds that the principle of imputation of attitude and elaborated in various imputation principles should be how to in personal injury compensation in athletes.The third part of the article mainly introduces the athlete personal damage compensation liability, and the duty of care in the fault type of analysis, defining tort law applicable standards, summarize the athlete personal injury damages is the substantial right of personality damage, at the same time, causality of liability on the athlete body damage by "equivalent causal relationship" analysis.The fourth part is about the specific exemptions, introduced to the sport of personal injury shall be applicable to the special exemptions--the fault of the victim and the principle of assumption of risks, and applicable conditions of exemption for each given detailed description.The fifth part of the article mainly discusses the athlete human body damages should bear, bear the main employers, athletes and other subjects, and the ways to undertake the responsibilities and the scope to be introduced. Finally, the problem of shared focuses on the athlete human body injury risk, proposes the introduction of athlete’s commercial insurance system and simple introduces our country at present the insurance system for athletes, and also points out the deficiency, and to improve the athlete insurance system used in competitive sports in China to provide feasible suggestions.