| After the 2008 Beijing Olympic Games,China has entered a new stage of building itself into a powerful country in sports.With the release and implementation of《Outline for Building a leading Sports Nation》,《the 13th Five-Year Plan for the Development of Sports》,and《the National Fitness Plan(2016-2020)》,China’s national fitness and fitness strategies have made orderly progress,and the health awareness of the Chinese people has been constantly raised.The development of economy also makes people’s needs for a better life rise day by day,people’s consumption demand for sports and fitness and consumption ability continue to grow,the sports industry has been booming,the frequent sports injury accidents make this study has important practical significance.This article take the literature material methodcase,analysis,field investigation method,research method,such as the commercial fitness club are the relevant concepts,the present situation of the commercial fitness club sports injury accidents,accident type and the area,study the cause of the accident analysis and prevention countermeasures and suggestions are put forward.First of all,such as commercial fitness clubs and sports injury accidents are defined,the research object of this thesis is clarified,and the current situation of sports accidents is analyzed,which can be divided into three categories:accident liability,accident cause and accident area.According to accident liability,it is mainly divided into fault liability,no-fault liability,presumption of fault liability and fair liability.Commercial health clubs bear more responsibilities in judicial practice.According to the cause of the accident,it can be divided into equipment problems,management personnel not doing their duty of risk elimination,personal trainers not having qualifications and accidents.According to the accident area,it is divided into aerobic equipment area,fixed equipment area,free equipment area and operation class area.The free equipment area and the operating class area are the main accident areas.Secondly,this thesis mainly analyzes the sources of safety risks in the operation and teaching process of the current commercial health club.It can be divided into three aspects of the participants of the commercial health club,which can be mainly divided into the reasons of the operator,the gym member,the trainer and the mixed reasons.The risk factors of sports injury accidents are that the managers of commercial fitness clubs fail to fulfill the duty of safety notification,the duty of risk elimination and the lack of club safety early warning system.The physical and pathological factors and the lack of safety consciousness of the gym members are the main factors of sports accidents.Coaches lack of professional ability,lack of corresponding qualifications and subjective negligence can also lead to sports injury accidents.Thirdly,in view of the present commercial fitness club development present situation,combining with the Chinese documents the referee network law library related sentence case,analysis of the parties to a commercial fitness club sports injury accident security,reasonable assistance obligations,the parties,the duty of care and the security obligation of coaches,both sides responsibility attribution,Combined with legal theory,this thesis analyzes the legal basis,imputation principle,liability determination,defense reasons and treatment paths of the identification of torts of sports injury accidents in commercial health clubs.Finally:in view of the problems existing in the current commercial fitness club sports injury accident and the applicable law,in current judicial precedent for fair liability and the assumption of risk liability also has fuzzy zone,the main applicable law is based on the law of the People’s Republic of China civil code and the corresponding laws and regulations such as the "insurance law".This thesis proposes the following preventive measures and development suggestions for managers,coaches and fitness enthusiasts to avoid the risk of sports injury accidents in the operation process of commercial fitness clubs:First,managers should take preventive measures,enhance safety awareness and regularly eliminate risks.The second is to improve the safety awareness of members.The third is to establish a training system for coaches to improve their professional ability and anti-risk ability.Fourth,strengthen the public relief after sports injury accidents,including improving social sports laws and regulations and adding such related legislation,such as the《Sports Law》,《National Fitness Regulations》,strengthening government supervision and increasing the coverage of social insurance as the bottom line.It is hoped that this thesis can provide some theoretical guidance and practical reference for the treatment of sports injury accidents in commercial fitness clubs. |
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