Sdudy On The Inherent Risk In Sports Injuries

Sports Injury incident is different from other violations of the event is it has inherent risk.Assumption of risk has been the most powerful defense of the reasons.But its independence has repeatedly been questioned by the victim's consent and comparative negligence.In 1929 the American judge put forward the inherent risk theorys and injected fresh vitality into assumption of risk.So how does inherent risk play a role in sports injury responsibility? Can the inherent risk be applied in our country's judicial practice? This article is divided into four parts to explore these issues in depth.The first part briefly introduces the inherent risk and the disclosure in the judicial practice of our country.The inherent risk theory is generated in the context of the gradual decline of the assumption of risk.In a "conveyor" game injury case,the US judge Cardoso proposed inherent risk theory,the defendants in sports are not obliged to protect them from the inherent risk of injury.In our judicial practice,the inherent risk is revealed in the judge's argument,but there are some problems.The second part is through the introduction of extraterritorial cases and written legislation to fully understand the inherent risks.Because the inherent risk theory originated in the United States fault sports injury field,so the United States jurisprudence and state legislation will be the main research object.At the same time the Japanese judge to examine whether the injury behavior is socially equivalent and the process of resistance to the law than the United States judge according to the inherent risk theory to review the defendant's duty of care,have similarities,compare similar cases between the two countries to reflect on the specific application of inherent risks.The third part deals with the scope and type of inherent risk.The inherent risk refers to the risk of the movement itself,obviously,necessarily and inseparable from the movement,and this definition appears to be neat but how to determine the inherent risk range is really difficult.The author from the objective considerations,their own definition,exercise rules and other aspects of thinking to help determine the scope of the inherent risk.There are a wide variety of sports,not all sports inherent risks can be applied,according to the nature of exercise,sports behavior or way to decide apply or not.At the same time inherent risk applies to the movement itself naturally no objection,but whether it can be applied to all viewers who watch the game,the organizers of the sport and even the producers of sports products worth exploring.The fourth part is the exposition of the inherent risk in our country,and it is the end result of this article.From the perspective of legislation and interpretation to explore the inherent risk of a reasonable approach in China.I t is more feasible and reasonable to explain the inherent risk into the consideration of the duty of care.Introducing the relevant domestic cases,and judge the misunderstanding of the inherent risks of judicial practice judges.