Identification Of College Students' Injury Legal Responsibility From The Perspective Of Comparative Law

With the development of competitive sports on campus,collegiate athletes’ sports injuries have continued to increase.Campus behavior and sports injuries,which are bound to controversy on legal responsibility on the countries,lead to differences in the legislation and judicial practice.On the one hand,the responsibility of collegiate athletes’ sports injuries uphold the principles of the general principles of tort fault liability.At the same time,it need to consider the special nature of sports and collegiate athletes to conduct responsibility.On the other hand,sports tort liability and the special nature of the subject produce a series of special rules and exemptions,such as assumption of risk,the waiver agreement,consent of victims,sovereign immunity,charitable exemption and so on.In order to dissolve the problem that legal liability of collegiate athletes’ sports injuries is difficult to determine,we also need to adopt injury insurance in physical education.In addition to the introduction and conclusion,the paper is divided into four parts:The first part points out the problems of the legal responsibility of the collegiate athletes’ sports injuries.Define the range of collegiate athletes and limit the action of collegiate athletes’ injuries within the tort.And then indicate its subject of liability,such as universities or colleges,events organizers,collegiate athletes and so on.On this basis,it analyzes the particularity of sport and collegiate athletes,which leads to the difficulty in confirmation of responsibility.The second part analyzes the general liability principle when it occurs college collegiate athletes’ sports injuries.Fault liability principle is adopted in the most countries.According to all rights and obligations of subject of liability and the degrees of mistakes,it develops the methods of confirmation of responsibility.Therefore,when we determine the principle,we need to combine with the particularity of sport and collegiate athletes to analyze.As a kind of tort,the general principle of tort is still the main principle of legal liability.However,under the influence of the campus actions and the characteristics of sports injuries,the general principle need to consider the particularity.So fair responsibility principle can be taken into account.The third part is about exemption principles and standards.Considering the sports behaviors and the relationship between universities,events organizers and collegiate athletes,there are assumption of risk,charitable exemption,consent of the victim to reduce or exempt responsibilities of universities or colleges,organizers and others.The fourth part is about influence of other countries’ experience of confirmation of legal responsibility of collegiate athletes’ sports injuries on our country.We have some problem.Uncertainty of legal relationship,lack of the liability principle and imputation principles and so on.We need to combine other countries’ laws,regulations and cases to solve the problems.