Research On The Self-willing Risk Rules Of Sports Tort

The development of self-satisfaction rules originated in the 19 th century Western industrialization period,due to the frequent work-related accidents at that time,when the employees employed by them complained to the court due to work-related injuries,this rule is the exemption of the capitalist's claim against the court in the lawsuit.With the development of society and the advancement of the law,the self-satisfaction rule has gradually been excluded from the field of employment,but in the field of tort law,it has sprung up.Although it has been impacted by theoretical theories such as the principle of comparative negligence,it has caused a lot of controversy about the existence and abolition of the self-satisfaction rule.However,it must be acknowledged that the self-satisfaction rule does have an irreplaceable role in sports infringement.As everyone knows,The current content of sports is very rich,including not only athletic sports with competitive nature,but also many emerging sports and leisure sports.The emergence of these movements has made the infringement relationship in sports more complicated,so people will inevitably have some adverse consequences when they pursue various sports risks and stimuli.As for how to bear such adverse consequences,the first thing we need to do is to characterize the infringement,whether it is a general infringement or a reasonable infringement in sports infringement.In addition,when applying the rules of self-inflicted in sports infringement,how should we reasonably distribute the liability for damage.Since China's current legal system does not clearly stipulate self-satisfaction rules,there is no uniform standard in the existing judicial trials.Therefore,in practice,the problem of the relevant concepts is vaguely blurred.In addition,although the relevant draft legislation involves self-satisfaction rules,it is necessary to make further improvements on this basis in order to protect the legitimate rights and interests of the parties.This paper studies the problem of how to apply the self-satisfaction rules in sports infringement.The main body of this paper is divided into four parts:The first part mainly summarizes the theoretical research on the self-satisfaction rules in sports infringement.Firstly,it expounds the basic theory of self-satisfaction rules.Secondly,it analyzes the self-satisfaction rules and other similar concepts,and finally elaborates the constituent elements of the self-satisfaction rules.The second part mainly expounds the legislation and application status of self-satisfaction rules in sports infringement in China.Firstly,it analyzes the status quo of legislation in China,and then analyzes the current situation of self-satisfaction rules in China,in order to study the feasibility of applying self-satisfaction rules in sports infringement in China.The third part examines the rules of foreign adventures and finds out what experience China can learn.The fourth part puts forward some suggestions on the deficiencies in the relevant draft legislation,combining practice and theory.It is expected to help the handling of sports infringement cases.