Research On The Application Of Fair Liability And Assumption Of Risk In Mass Sports Injuries

In recent years,with the continuous development of sports in China,the enthusiasm of the masses to participate in sports has been continuously improved.However,due to the increased participation and the risk characteristic of the sport itself,sports injuries have occurred frequently.And the mass sports injury accidents accepted by the courts have also shown an increasing trend.In the trial of similar cases,most courts will introduce the doctrine of assumption of risk to assist the judgment and the handling of most disputes ends with the application of the fair liability to share the losses.However,the different understandings of these two rules,lead to different standards in judicial judgments,and different referees have different ideas,which affects the authority of the judiciary.Therefore,it is necessary to standardize the application of assumption of risk and fair liability in similar cases,unify the judicial standards.The first part of this thesis first clarifies the definition of mass sports injuries,and gives a brief introduction to fair responsibility and assumption of risk doctrine,which leads to the theme of this paper.The second part of the thesis introduces the three referee positions existing in the current people's courts in the trial of mass sports injuries,and briefly introduces the different methods for the courts to deal with similar cases with fair liability and assumption of risk.The applicable rules of the two rules in the trial of the case need to be unified.The third part of the thesis first defines the nature and scope of fair liability.On this basis,it analyzes the applicable conditions of fair liability.Then the thesis sorts out the origin and development of assumption of risk and analyzes its independence.Then on the basis of this,the main elements of assumption of risk are summed up;then this thesis compares the fair liability with assumption of risk,and compares the two values behind the two rules,the applicable conditions and the applicable results.The fourth part of this thesis,combined with the analysis of the third part,studies the specific application of fair liability and self-inflicted risk in mass sports injuries.First of all,the thesis clarifies the applicable relationship between the two rules,that is,the two cannot be applied at the same time.In the case that both parties are not at fault,the applicable relationship is generally selected.Secondly,based on whether the participants of the sports belong to relevant organizations,this thesis divide sports into organization-belonging and non-organization-belonging categories.Under the respective categories,the specific application of the two rules is discussed when the parties are not at fault according to the severity of the damage and whether the participant is adult.Finally,this thesis combines the previous analysis to propose advice on the application of fair liability and assumption of risk,with a view to providing guidance for the application of the rules in the handling of similar cases.