The Concrete Application Of Self-risk And Fair Liability In Match Injury Accident

In recent years,with the development of society,sports have made new progress,people's enthusiasm for participating in sports activities is high,but because of the inherent risks of participating in sports activities and the number of people increasing,sports injury accidents continue to occur,and the court accepts that the damage in sports activities is the cause of disputes also rising.At the end of 2018,the draft of civil code and tort liability(hereinafter referred to as the draft for second review)submitted at the seventh meeting of the Standing Committee of the 13 th National People's Congress is proposed to be included in the "voluntary risk" rule.After the third review of the changes,the final draft.However,in practice,there is a situation of "different judgments for the same case",which is due to the different cognition of the two laws and regulations of fair responsibility and voluntary risk in judicial practice,which makes it impossible for the judge to correctly analyze the two relations during the trial,leading to the confusion and even abuse of judicial relations,and also puts forward new challenges to the authority of the law.Therefore,it is necessary to treat the fair responsibility and voluntary risk To standardize the application of risk in similar cases and unify the applicable standards in practice.At the beginning of this paper,I enumerate a typical case to analyze how to apply the rules of self willing risk and fair liability in the practical court,which leads to the problem of "different judgments for the same case",and proposes that the application of the two rules should be unified in such cases.The second part is the legal analysis of fair liability and voluntary risk.It briefly introduces the nature of fair liability after the amendment of the draft of civil code tort liability and the analysis of its applicable conditions.It shows that fair liability is a kind of provision for the actor and the aggressor to share the loss,not a principle of liability,but a principle of liability.Then,it analyzes and explains the explicit provisions of the risk rule in the draft of civil code tort liability,and summarizes the qualitative and constituent elements of the risk rule.In the third part,the author analyzes the reasons why the two rules can't be applied at the same time and can be applied at the same time.Their application in the case of no fault of the parties concerned;secondly,the author divides sports into professional sports and amateur sports,and discusses the two sides according to the severity of the injury and the age of the main participants in the activity When there is no fault,the application of fair liability and self willing risk rules;at the end of this paper,we put forward the judicial application suggestions about fair liability and self willing risk rules,which has a clear guidance for the legal workers in the trial of such cases.Based on the theory of fair liability and self willing risk rule,this paper analyzes how to apply the two rules after the occurrence of damage in the process of sports.For the empirical analysis of China's relevant judgment documents,,it demonstrates the feasibility of self willing risk and fair liability in the process of sports,analyzes the sequence of their application,so as to clearly unify the specific application standards in practice.