Research On The Prevention And Relief Problems Of American's Sport Concussion Law

Since the United States promulgated sports-related concussion laws in Washington State in 2009,forty-three states have issued corresponding laws.Sports-related concussion is different from medical concussion.There are specific regulations for the law.For example,if the injured subject is an athlete,during the injury time is training or competition,the injured place is a training or competition venue.The laws and regulations for the prevention and relief of concussions in the US state laws are not exactly in the same,but they mainly include the pre-school education system,the relief during the match,and the relief after the match.The pre-game education system mainly stipulates from the aspects of pre-competition education subjects,contents,and methods.Pre-competition education includes coaches,athlete trainers,referees,athletes,and their parents or guardians.Each state regulations are different.Some states only require training for coaches,and some states have relatively wide coverage and a wide range of states.It is more conducive to the prevention of sports-related concussions;pre-match education includes the nature,symptoms,and effects of sports-related concussions and so on.For pre-match education,most states adopt the method that send to special organizations,then stipulated and implemented by it,which is conducive to the timely updating of the learning content;pre-competition education methods are divided into mandatory regulations and encouraging regulations.Compulsory regulations mainly refer to the requirement that coaches and other subjects conduct regular training.Some states require certification to obtain a certificate before they can teach.If they fail to pass the examination but teach,the coach may be revoked,and bear the corresponding responsibility for the consequences.Encouraging provisions refer to the provisions of the law that the corresponding subjects should be trained accordingly,but they do not impose strict requirements on the length of study time,place,and mastery of knowledge,nor do they stipulate the consequences of not having pre-school education.Countries that impose compulsory regulations have higher education costs but are more conducive to the prevention of sports-related concussions.The remedial system during the match mainly includes the treatment of athletes after the concussion and the provisions of the and obligations of the relevant subjects dealing with athletes' concussions.The treatment of athletes after a concussion includes two parts:forcibly quitting the game and returning to the game to continue the game.Forced withdrawal of a game means that once athletes who are training or competing are found to have symptoms,they will be required to withdraw from the arena.If they fail to return to the playing field or training after a corresponding test,they must be required to withdraw from the competition.Continue to participate in competitions or training.The forced exit of the game is stipulated in the laws related to sports concussion in each state.Forced withdrawal from the game will help prevent secondary damage or other more serious consequences.Returning to the stadium means that after the athlete has suffered a concussion,after passing the corresponding test,the athlete can return to the training or competition after being approved by the corresponding personnel.The subjects dealing with athletes' concussions mainly include coaches,referees,doctors,schools,and competition agencies.The laws of the states isn't inconsistent with their rights and obligations.Rights In the post-game relief system,the main legal issues are the determination of the eligible body seeking relief,the determination of the cause and effect relationship,and the main body of responsibility and commitment.The main types of power remedy subjects include general athletes,retired athletes,student athletes,and athletes' parents or guardians;the determination of causality mainly includes the determination of whether or not the damage is caused by the defendant,and the integrity of the evidence chain is highly demanded.At the same time,cause and effect the recognition of a relationship also includes the determination of selective liability,concurrent causality and secondary causation,and the burden of proof,etc.,should also be taken into account;the subjects responsible for the liability mainly include coaches,schools,event organizers,athletes,etc.,causing damage.Corresponding subjects,according to the severity of the circumstances of the circumstances,divided into civil responsibility,administrative responsibility and criminal responsibility,civil liability includes compensation for economic losses,the athletes to carry out appropriate testing,administrative responsibilities including the revocation of business licenses,etc.,criminal liability shall be based on the circumstances The severity is further confirmed.Post-competition relief is mainly about the rights and obligations of the corresponding subjects and the provisions on liability assumptions.It helps to ensure that athletes receive proper relief after concussions.The motion-related concussion legislation of the United States has certain reference significance for China.China's legal provisions on sports injuries are not perfect.Using a reasonable analysis of the US sports-related concussion legislation,we can further improve our sports law,protect the rights of athletes more properly and it will be beneficial to the long-term stability and development of China's sports industry.