The Research On Tort Liability Problem Of Personal Injury In Sports Event

The tort liability law of our country stipulates the liability of tort,but whether the personal injury in sports activities belongs to special tort and what kind of tort liability should be undertaken,etc.the legislation of our country lacks detailed provisions,which leads to many disputes in judicial practice.From the academic research,most scholars think that the injury behavior in sports activities belongs to the behavior of self willing risk,and the antagonism of competitive sports aggravates the occurrence of personal injury among athletes,which has particularity compared with the general tort liability.Therefore,there are some problems in the application of tort liability law that can not be applied to the standard of general tort liability.We need to study the problem of sports tort liability,build a perfect legal system to protect the personal rights and interests of athletes,improve the appreciation of sports activities,and ensure the healthy development of sports.First of all,this paper uses the relevant theory of tort liability,through the study of the personal injury in the process of sports,from the connotation of the tort liability for personal injury and the form of liability,discusses the legal nature of the tort liability for personal injury,and explains the function of the application of the system of personal injury in the process of sports.Secondly,this paper uses the empirical research on 100 cases,with the help of specific cases for empirical observation,from the confusion of judicial application,no clear definition of the application of the principle of imputation,and the excuse of exemption,summarizes the main problems existing in the provisions of tort liability for personal injury in sports events in China.Thirdly,fully consider the particularity of tort liability in sports,distinguished the doctrine of liability fixation in sports from the normal doctrine of liability fixation,derive the relevant doctrine of liability fixation,use the corresponding doctrine of liability fixation in different situation to complete the affirmation of tort liability and regular the tort liability system.Finally,the paper also discussed the grounds for exemption in assumption of risk and the victim agreed,consider as the complement argument of reasonable interests balance.