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Responsibility Of Competitive Sports Athlete Infringement

Posted on:2015-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y MengFull Text:PDF
GTID:2266330428457833Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At the present stage, people pay more and more attention to the pursuit of higher spirituallife, sports has attracted more and more people’s attention with a fierce confrontation andornamental style of high mobility. In competitive sports, athletes obtain a higher ranking inorder to pursuit better competition results, it is easy to produce fierce confrontation incompetitive sports, and there will be resulting some sports injuries inevitably in competitivesports tort. This paper is mainly for studies what should be conducted to athletes who haveathletics sports tort and take responsibility by themselves, and then obtains some views on thisproblem.This paper first makes a general summary of athletes’ tort liability in competitive sports;its concept, characteristics and a category are described briefly, and then analyze the problemsfound in this regard in the domestic situation. The second part analyzes the responsibility ofSubjects. It is mainly includes two parts, they are employers bear the responsibility themselvesand athletes bear the responsibility themselves, and this paper is mainly explain on theresponsibility of the athletes themselves because of their infringements. After that, the authorsummaries the mainstream views of competitive sports tort imputation principle at the presentstage in domestic and foreign countries, and think that the principle of fault liability should bethe leading principle of it. Identified in the legal liability,the author analysis competitivesports tort according to the four elements of civil law one by one, such as subject, object,subjective aspects, objective aspects and some should not bear the responsibility of defense,mainly introduce some defenses, such as consent of victim and risk, instruct the risk inherentin the special way. Finally, author put forward a series of suggestions based on some problemsat the present stage of athletes in competitive sports tort liability, including legislation,judicature and insurance system, and set up a diversified relief system to protect the interestsof all parties who participate in sports.
Keywords/Search Tags:tort liability of athletes in competitive sports, the principle of imputation, Constitutive requirements, ground for defense, assumption of risk
PDF Full Text Request
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