Research On Legal Regulation Of High-Risk Sports In China

It was in the 1960s that sports risk entered the legal field.In the theoretical research process of the past half century,the research of legal regulation of sports in the legal circle is basically scattered in the field of civil and commercial law,criminal law,administrative law and other departments of law,and there are few special studies on legal regulation of sports.At the same time,the regulation of high-risk sports,as the most typical sports with the most concentrated sports risks,has not been paid enough attention by the legal theorists for a long time.High-risk sports,also known as "high risk sports","high-risk sports" or "extreme sports",refers to those"dangerous,professional and technical,high safety requirements of sports".In recent years,mountaineering,rock climbing,wingsuit flight,car racing and other high-risk sports accidents occur frequently,which makes the legal regulation of this kind of sports events more urgent and arouses widespread discussion in the society.In this context,the legal regulation of high-risk sports has become an important subject of sports rule by law.The diversity and complexity of the risks of high risk sports projects have given rise to a variety of possible legal regulation models.According to the different types of norms and the different weight of the regulatory subject’s discourse power,the regulation mode of high-risk sports can be classified into three legal regulation modes:government-led mode,industry autonomy mode and cooperative governance mode.High-risk sports law regulation of the government leading mode,is refers to the main use of franchising,administrative supervision and government administrative behavior as high-risk sports project risk prevention means,by the specialized state organs and their staff functions and powers and in accordance with the procedures of administrative examination and approval strictly and powerful law enforcement surveillance,The legal regulation mode of controlling the risks in high-risk sports events.Highrisk sports mode refers to the legal regulation of the industry autonomy among high-risk sports industry from main body on the basis of mutual consultation to conclude the contract,to voluntarily established organization on the basis of the framework,principles and procedures stipulated in the contract manage internal,external coordination,in order to maintain the common interests of the industry.The cooperative governance mode of legal regulation of highrisk sports events is a legal regulation mode that uses the principles and methods of equity law to change the legal regulation work of sports events from government control to multi-party coordination,and replaces management with governance.The three regulation modes have different emphases,and the legislator should apply them selectively according to the different regulatory needs and legal environment of the host country for high-risk sports events.Clarifying the high-risk sports legal regulation model may choose,and then look back our country current "sports law" as the core of sports management system,can be found,for highrisk sports in our country at present regulation system is lack of top-level design,there is a specific regulations on internal conflict of legislation,operability is not strong,there are many problems such as the legislative blank,There is no systematic legal regulation system for highrisk sports,and the sports governance system is still immature.The reason is that the rule of law of sports in China is not perfect and the importance of regulation of high-risk sports is not enough,which leads to a series of regulation failures such as fuzzy law enforcement basis and lagging legal regulation.Focusing on the legal regulation content of high-risk sports,the elements that directly trigger people’s disputes about high-risk sports must be all kinds of potential and existing infringement disputes of high-risk sports.These kinds of infringement disputes are directly manifested in the form of infringement of civil rights such as the right to life,the right to health and the right to property.The core issue is how to blame a series of legal consequences caused by the risks caused by high-risk sports.That is to say,tort liability is essentially a core element of legal regulation of high-risk sports.Around this core essential factor,the legal regulating of the high risk sports system should be set,distribution,legal liability of legal liability,alternative or demanding relief legal responsibility,responsible to bear legal responsibility,what form the regulation problems in turn,constitute the legal regulating of the high risk sports system to respond to the main legal problems.Of course,in the process of perfecting the legal regulation system of high-risk sports events,legislators must pay full attention to the regulatory boundary of the legal system for high-risk sports events.Sports,as a highly autonomous social activity,is highly normative.All kinds of sports rules and sports ethics themselves play a strong normative role.Risk,the core element of high-risk sports,also has its unique positive significance.It is because of the risk for high-risk sports participants itself is a kind of bring the elements of stimulation and satisfaction,so for the legal regulating of the high risk sports,high-risk sports participants "since unwilling to risk" as high-risk sports law regulation system is an extremely important concept.Therefore,in the process of legal regulation of high-risk sports,the autonomy attribute and risk value of sports industry should be fully respected,the regulation of "one size fits all" should be avoided,and the establishment and application of the legal concept of "risk tolerance" should be explained more scientifically and clearly.On this basis,legislators can strengthen and improve the legal regulation system of high-risk sports events from three aspects of administrative licensing,liability setting and relief procedures by strengthening regulatory responsibility,refining the principle of liability attribution and improving relief procedures.