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Research On The Application Of The Principle Of Self-reliability In Personal Injury In Competitive Sports

Posted on:2019-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhuFull Text:PDF
GTID:2436330575450681Subject:Sports law
Abstract/Summary:PDF Full Text Request
The principle of risk self-esteem emphasizes the victim's knowledge of the risk and voluntarily enters the dangerous area as an exemption for the injurer.It is in line with the inherent risks in the field of competitive sports.Therefore,it has been applied universally in the field of competitive sports and has obstructed the responsibility of the traditional tort liability.However,it is absolutely applicable to the principle of self-disposal of risk and neglecting subjective faults or faults of injurers,which will easily lead to disputes over imputation in the field of competitive sports.In view of this,the theory of late-risk self-negligence has gradually evolved from the absolute responsibility of exemption to the theory of comparative fault and fair liability in terms of subjective fault.While taking into account subjective faults in the process of evolution,it also emphasizes the clarity of inherent risks and ensures reasonable allocation of damages.Therefore,the identification of inherent risks and the emphasis on gross negligence are the basis for the rational application of the principle of risk conceit in competitive sports personal injury.Around the above topics,except for the introduction and conclusion,the main content is divided into three parts:The first part introduces the principle of risk self-discretion in the field of competitive sports.It is pointed out that competitive sports are more risky,competitive,and normative than general social behaviors.These characteristics are consistent with the principle of risk self-respect for high-risk areas.The second part expounds the controversy and evolution of the principle of risk self-negligence in the field of competitive sports.Absolutely apply the principle of risk self-negligence,ignore the subjective fault of the injurer,easily lead to the occurrence of sports violence.Therefore,in the field of competitive sports,the conceit of the recent risk begins to develop to the principle of comparative fault and fair liability.It also pays more attention to the injurer's duty of care and the reasonable sharing of risk damage liability.The third part mainly analyzes the application of the principle of risk self-negation in the physical injury of competitive sports.In the application of imputation,if the injury due to intrinsic risks can be applied to the exemption of competitive sports,and other risks than those inherent in the exemption can be removed,the principle of fault can be applied due to the expansion of risk and unpredictability.In terms of constitutional elements,cognitive awareness and voluntary judgment are the basis for the rational application of the principle of risk conceit.
Keywords/Search Tags:risk conceit, competitive sports, Inherent risk
PDF Full Text Request
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