Study On The Liability And The Remedy Of Personal Injury In The Campus Sports

Along with the improvement of substance life level and education as well as increased media coverage of sporting events, various types of campus sports is rapidly carried out in present China. Since Sports are competitive and ornamental, it is quite popular in the students. However most of the students have never had any professional training and had not paid attention to the protection of their own and others’ personal safety, thus there are a lot of sports injury accidents. Especially in recent years, because of the students focus more on the benefits brought by sports and the inappropriate reports on violence in competition ground, the campus sports presented is not only exciting game but produces a variety of personal injury accidents after another to appear.Since in china’s legal system there is no definite definition of the nature of personal injury in the campus sports which is being considered as a legislative vacancy, there are no appropriate methods to dealing with these personal injury accidents in legal practice. Because of the legislative vacancy, a great number of these accidents are settled in private; even the both sides are engaged in a lawsuit, the courts often take the equitable liability principle and let the both sides undertake responsibility, however, which not only the plaintiff can’t get reasonable compensation but increase the burden on the defendant. Eventually both sides are not satisfied with the sentence.This thesis analyzes every aspects of personal injury in the campus sports in detail. The structure of this thesis consults the general research methods and logical framework structure on personal injury liability in present academic circle. The content generally includes the five aspects:the definition of the nature of personal injury in the campus sports, the constitutive requirements of tort, the doctrine of liability fixation, and exemptions. At the end the thesis studies the remedy of personal injury in the campus sports. The paper has five chapters; the main content of each chapter is as following. The first part is a summary of the personal injury liability in the campus sports. First the author refers to the definition and classification of sports, as well as the campus sports and advances the concept of personal injury in the campus sports. Secondly the author definite the concept of personal injury in the campus sports and analyzes the differences between personal injury in the campus sports and other injuries caused by sports which happened in campus. Then, the author declares his perspective on personal injury in the campus sports and distinguished tort of personal injury in the campus sports. In the end,illustrates the classification of personal injury in the campus sports.The second part is the doctrine of liability fixation of the tort liability of personal injury in the campus sports. First, the author analyzes the system of the doctrine of liability fixation of the tort liability act and the existed disputes, and then analyzes the doctrine of liability fixation of personal injury in the campus sports. The author considered that fault liability should be the general liability and presume-default liability is an exception. The court should strictly control the application of the equitable liability principle.The third part is about the plea instance of the tort liability of personal injury in the campus sports. The author first analyzes the legitimacy of personal injury in the campus sports from the perspective of the criminal law, and then, mainly analyzes the plea instance of the tort liability of personal injury in sports in the field of civil and summarizes the six theories existed in international and domestic. Finally, the author advances the applicable plea instance of the tort liability of personal injury in the campus sports.The fourth part is about the undertaken of the tort liability of personal injury in the campus sports. The author first analyzes the subjects that undertake the responsibility which include the subjects of duty and the subjects of right. Then the author illustrates the range of the tort liability of personal injury in the campus sports which is divided into two parts:the personal injury compensation and the mental injury compensation. At present there are no relevant theories or cases about the mental injury compensation, but, the author believe that in order to protect the benefits of the students, the subjects can claim the mental injury compensation under certain conditions which will be explained in detail in this part. The fifth part is about the remedy of personal injury in the campus sports. The author first focus on the current legislation of tort in sports of China and expresses his amendment suggestions on several relevant problems. He thinks that the tort in campus sports can be done by sports’arbitration. Then, the author illustrates the present situation of social security of personal injury in the campus sports. According to the study of foreign insurance system of personal injury in the campus sports, the author suggests that China should build an adaptive and efficient compulsory insurance system of personal injury in the campus sports. Lastly, the author suggests promoting the social strength to build a system of campus sports fund.