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Research On Tort Liability Of Personal Injury In Competitive Sports

Posted on:2020-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:D J WangFull Text:PDF
GTID:2416330578953922Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of social economy,people's demand for spiritual civilization is getting stronger and stronger.As an important part of spiritual civilization,sports are getting more and more attention.Among them,competitive sports have been welcomed by people because of their wonderful and exciting attributes,but their fierce confrontation and danger have caused the occurrence of personal injury accidents in the confrontation process.Therefore,how to make competitive sports meet the people's demand for spiritual civilization,exert their own entertainment and social effects,and at the same time,it can best protect the personal safety of the participants,and can maximize the relief after the personal injury accident occurs.A difficult problem in front of legislators and competitive sports participants.The behavior of personal injury in the process of competitive sports is a kind of tort.Therefore,when we define the behavior of personal injury in competitive sports,we must take into account the generality of the infringement and the confrontation and danger in competitive sports.Particularity.In terms of the principle of imputation,we believe that it should be based on the principle of fault,and it is impossible to impose excessive restrictions on athletes participating in competitive sports,and at the same time,to balance and limit the freedom.In the discussion of the constituent elements,this article limits the main elements and object elements to the athletes involved in the competitive sports,and elaborates on the damage behavior,illegality,fault and causality.When discussing the reasons for the defense,the author focused on the dialectical analysis of the risk of self-confidence and the consent of the victim.The way to bear the tort liability is mainly from the mode of undertaking and the main body of damages.At the same time,it puts forward some opinions on the establishment of other relief mechanisms,including the allocation of the sports insurance system and the internal relief of the sports organization as the responsibility.
Keywords/Search Tags:competitive sports, personal injury, fault principle, victim consent, self-confidence risk
PDF Full Text Request
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