Research On The Elements Of Tort Liability Of The Sports Injuries Of Students In Sports Colleges And Universities

With the great remarkable achievements in the the Sports our country has made, we have been in a strong sports world.The higher sports colleges and universities play an especially important role in the development of the sports industry of China. On the one hand, It not just sends a large number of athletes to our sports industry,on the other hand,it plays an hub role between the professional and amateur sports. Sports not only is an important way for people to keep a healthy body, t, but also as an industry, it is a force that cannot be ignored in the economic development. However, behind the prosperity and development of sports in China,there is a deep crisis.The sports injury accidents and sports tort accidents,even to the extent that the violence in the stadium, similar to "The tragedy of Bangura" attract people’s attention Constantly. Especially The Sports Injuries Of Students In Sports Colleges And Universities, Because of its special nature in the main body, legal relationship and the field of tort,in the judicial practice,it is especially tricky.Combining with the special nature of the correct analysis of such accidents and general theory of the Tort law is the key to succeed in the judicial practice.Starting from the analysis of concept of The Sports Injuries Of Students In Sports Colleges And Universities, the cause and types of injuries,on the basis of the accumulation of a large number of materials about this accident, This article focuses on the constituent elements of this type of tort liability in this accident. This paper is divided into five parts mainly:In the part one,I first proposed the concept of The Sports Injuries Of Students In Sports Colleges And Universities and discussed it’s particularities which are different from general tort from three aspecets-subjective aspects, temporal and spatial boundaries and constitution of the subject. Then I analysed the cause and types of injuries.In the part two, the identification of subjective fault. First, I discussed the essence of the fault from the aspecet of comparative law and concluded it’s core issues that subjective fault meaned the violation of attention obligation. Then, I solved the problem of the standard of attention obligation from the horizontal and vertical two latitudes and solved the problem of the standard of the identification of subjective fault. At last, combined with the particularities of The Sports Injuries Of Students In Sports Colleges And Universities on the constitution of the subject, I concluded the standard of the identification of subjective fault as one of the constituent elements of such tort.In the part three, towards the identification of illegality of tort, on the basis of the German civil law theory, I discussed the essence of illegality. Then, I focused on the demonstration on application of the Assumption Of Risk Principles in sports tort blocking the illegality of tort and concluded the applying conditions about the Assumption Of Risk Principles in sports tort.In the part four, on the identification of Causality. Firstly, I introduced the theory of Adequate Causation, which is acceptable to the Jurisprudence. Then, I focused on special physical presence of the victim and it’s impact on the identification of Causality in The Sports Injuries Of Students In Sports Colleges And Universities.At last, I gived a brief introduction about the facts and compensation for the damage in The Sports Injuries Of Students In Sports Colleges And Universities.