Font Size: a A A

Justification Of Competitive Sports Injury Behavior

Posted on:2020-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LiuFull Text:PDF
GTID:2416330590463362Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Competitive sports behavior has a high risk of causing personal injury and death.In the event of sports injuries,it may be difficult to evaluate the behavior of the criminal law.Is the harm behavior in competitive sports evaluated as the possibility and necessity of criminal behavior? In this regard,there are different opinions on the theory.Negative thinking that competitive sports should be given the space for free development based on their own dangerous qualities.The criminal law should not take the initiative to intervene;it is certain that competitive sports should be placed under the overall law as a social activity,in competitive sports.The injury behavior that occurs cannot exclude the possibility of applying the criminal law.At present,domestic and foreign doctrines and practices explore the justification of competitive sports injury behavior from the aspects of social sufficiency theory,allowable danger theory,victim commitment theory,legitimate business theory,and state licensing.However,when the above theory is applied to the field of competitive sports,there will be some problems.For example,the theory of danger is allowed to argue that when the perpetrator complies with the rules of conduct and implements dangerous behavior within the limits of society,then such behavior is allowed.The danger is allowed,and only the dangerous realization is legally allowed,but the injury caused by competitive sports is not in this danger category.Therefore,the above theory cannot explain the justification basis of competitive sports injury behavior.Although the athletes participating in the competition have clearly recognized the dangers on the playing field,they are not the same as they agree with the results of the injury,and they do not want to be injured at all.Therefore,this paper advocates that in the event of competitive sports injury,the principle of self-responsibility of the victim should be implemented,and the principle of self-responsibility of the victim should be used as the justification basis for the injury behavior of competitive sports.This means that athletes who are aware of the dangers that may exist during the game are still involved,and they are responsible for the reality of the danger of sports-specific injuries.In other words,if the realization of the legal gains is caused by the danger of injury specific to competitive sports,then there is no need for the actor to take responsibility.By combing the previous theories,this paper expounds the justification of the competitive sports injury behavior centered on the victim's self-responsibility principle.Under the multi-party weighed,it is considered that the victim's self-responsibility principle has better applicability than other theories.Rationality can be used as a justification for competitive sports injury behavior.
Keywords/Search Tags:Sports injury behavior, victim self-responsibility, self-entrapment risk, Criminal punishability
PDF Full Text Request
Related items