Researchs On Liability Of Spotrs Injury Tort

Different with general tort, Sports injury tort has its particularity in principles applicationand responsibilities, and it’s of great in establishing liability allocation mechanismsignificance. This paper based on analyzing the elements of sports injury tort,testing themechanism of sports injuries tort liability allocation in current time,learning from theadvanced experience of foreign legislations, based on China’s actual conditions to exploreeffective relief mechanisms. apart from the introduction and conclusion, this paper is dividedinto five parts.Part I: Overview of sports injuries infringement. This part starting with the concept ofsports injuries tort, defining its connotation, thereby determining the scope of discussion islimited to physical injury in sports activities in this article and describing the particularity ofsports injury tort cases.Part2:The extraterritorial legislations and Comments of sports injuries infringement.This section mainly from the perspective of foreign law starting，introducing and analyzingthe model of civil law countries and common law countries on the treatment of sports injuriesinfringement cases, Thus determining the theory of Assumption Of Risk and Victim’sConsent in the use of infringement cases.Part3:The status quo and the plight of China’s sports injury tort liability. This part baseon the legislation and judice, summarized the problems in the treatment of sports injuriesinfringement.Part4: the way of our sports injuries tort liability. This section mainly is from the pointof view risk allocation. Pointed the fundamental of solving the sports injuries tort cases is toestablish the diversity and improve the relief system for victims. However, under the existingsystem, victim relief system is not perfect and lack of legal and ethical basis for ordering thevictims bear the loss. Therefore, Fair system must assume the responsibility for transition andcoordination, as well as preventing abuse of fair, making a limited scope of equitableresponsibility o prevent a "fair crisis" that may arise.