The Tort Liability For Personal Injury Of Sports

With the vigorous development of competitive sports,the national fitness rise is the "national strategy",the continuous development of school sports,the incidence of physical injury incidents in sports is getting higher and higher.Some sports are so dangerous,such as cricket and baseball,bungee jumping,etc.,some sports potential harmfulness caused the debate of government departments,organizations and individuals,while in fact,some project was deeply loved by people,but serious damage movement personnel’s physical and mental health.And personal right is one of the most basic rights of citizens,one of the most important rights,it is the person is inseparable with the civil main body,with a particular personality and identity for the rights of the content,including the personality right and the right of authorship.In recent years,there have been many incidents of physical injury caused by sports in public places or other places.Some criminals implementation in these places seriously infringes on the infringement of personal right,but direct infringer cannot determine or disputes but unable to bear the compensation can be determined,in the face of these situations,"on how to determine the responsibility of the infringer shall be investigated and how to carry out the tortfeasor’s liability to pay compensation are powerless or confusion,mainly is the lack of the basis.To this end,this study is based on the view of the security obligation,to discuss the liability of the infringement of personal injury.This article USES the method of literature study,comparative research,case analysis,the research methods,such as,in the perspective of security obligation for sports injury tort issues,first of all,sports injury torts do the brief analysis of the basic concepts,and introduces the common infringement behavior in sports and types;Obligations from the source,the violation of security obligation imputation of trial practice case of the main difficulties and security obligation imputation of four aspects analyzes the sports injuries the present situation of the safety guarantee obligation imputation;Finally,it forms the basic view of the judgment and application of the liability of security obligation.Conclusions: first,sports and risk coexist,to strengthen the protection of personal rights and interests of sports to guarantee the healthy development of sports,and the security obligation is a legal obligation,served as the role.Second,the security obligation is a kind of not as a foundation for the infringement of the obligations of,although there are several related laws have made clear the scope of the security obligation and responsibility,but also can’t accomplish refinement,still exist in many aspects of the tangle of theory and judicial practice difficult,need further modification.Third,sports the high risk of personal damage probability,is determined by the rules and characteristics of the particularity of sports,should fully respect thecharacteristics of sports,especially in the aspect of safety duty of care in respect of the law to give loose standard is more appropriate,"since the gansu risk" gradually in practice is regarded by the judge,Ken,this is a good practical experience,but the risk standard still need further discussion from the theoretical level.Fourth,in the process of the development of sports,in order to effectively avoid unnecessary motion of human body damage,should from the various channels all aspects related to safety knowledge and law to protect common sense education and publicity,especially for high incidence of sports injury cases in the school sports and outdoor sports and competitive sports in the special attention,the protection of minors should be more detailed.