The Identity And Liability Of Social Sports Injury Tort

Social sport is becoming the most important entertainment for a great number of people's after-work life.With a rapid increase of the number of the physical injury's cases in recent years,more and more people begin to concern about physical securities for those who participate in social sports.How to make a reasonable evaluation on inevitable risks in sports and how to make a fair judgement of responsibilities on a given loss in sports remain to be the burning issues in judicial practice.This paper starts from the relevant legislation and judicial practice in China,surveys the origin and development of related theories,analyses the relevant practices of extraterritorial countries and ends up with some tentative suggestions based on our country's current situation.This paper mainly contains five parts:Part one: an overview of social sports injury.This part starts with the definition of the concept of social sports,attempting to limit the range of my study within the non-professional sports which organized spontaneously or officially with a purpose of physical and mental exercise,so that it can be separated from the concepts of professional sports,school sports and other types of tort in social sports.Part two: the fault recognition in social sports injury.This part begins to discuss from the two aspects of imputation principle and fault recognition.After reviewing the development process of the principle of imputation of foreign countries' sports field,the principle of imputation in tort liability system is analyzed.Then expounds in different angles over the irregularities that has caused damage which considered to be fault,the actions which violated the duty of attentions and the actions of organizers which breach the security obligations.A great amount of relevant judicial practices are introduced where problems are found and solved within.Part three: the defenses of social sports injury.This part analyses the basis of Roman Law of the analysis of sports injury,then thoroughly and separately analyses the two major defenses in sports injury,which are victims' consents and their assumptions of risks.Enlightening the introduction of sports injury defenses for our country through the relevant solutions carried out by other countries.Part four: the liability for tort in social sports injury.This part discusses from the subject of liability for tort and loss allocation mechanism,analyses the organizer' responsibilities and participants' responsibilities,and tries to figure out a way to apply a relatively fair loss allocation mechanism.Part five: a visualization of relevant legal provisions of our country in the field of social sports injury.Summing up from the first four parts to find out what we can learn at the level of legislation and judicial practice.