A Comparative Study On The Judicial Application Of The Theory Of Assumption Of Risk In Competitive Sports

Under the social background of vigorously sports developing,under the guidance of the Olympic spirit,with the increase in the number of people participating in sports,the sports injuries faced in competitive sports activities are also increasing.The balance of fault and the consent of the victim are one of the reasons for infringement,similar to the risk of self-reliance.However,when the two participating sports participants voluntarily participate in sports activities and cause sports injuries,but both parties are not at fault,the six kinds of exemptions in the tort law cannot provide a good solution.It can be seen that there are still imperfections in our country's laws dealing with sports injuries,and we need to introduce self-reliance risks as defenses.The self-reliance risk and the background of China's sports development also provide a new way to solve sports injuries.Although it is not stipulated in our country's current legal system,our country's judicial practice has applied self-reliance risk according to the circumstances of the case.However,because there is no explicit statutory provision,the existing judicial trials do not have uniform standards.However,in many countries of the Anglo-American law system and the civil law system,the legal system is perfect.It has a long history of researching the risks of sports risks for parties involved in sports,from the initial application in the field of labor infringement,to the gradual tightening of its scope of application,and self-reliance on risk systems.Development also reflects the rigor of laws in various countries.The application of a system is no longer a prone explanation for the development of capitalism,but is concerned with fairness,justice,and human rights protection in legal principles.Therefore,there are many places that we can learn from in terms of sports development and legal improvement in China.Through case studies,it has been found that the Anglo-American legal system has a wide range of applications for this theory,including audiences and other sports visitors.Civil law countries are more cautious about the application of the theory.For example,Japan is not directly applicable to judicial practice.The two major legal system-related cases can provide a theoretical reference for our country's composition of self-reliance risk.This paper defines the concept of self-reliance risks,develops the theory and practice of the two major legal systems,and proposes the concept of self-reliance risks construction in our country's current reality.He also pointed out that the application of self-reliance risks should be strictly regulated,which also imposes higher requirements on China's judicial trials,and it needs to simultaneously improve China's sports insurance and the system of expert assistants in judicial trials,and conduct all-round construction.The introduction of a new theory is not an easy task,and it is also a difficult problem to integrate it with the laws of our country.However,the development of competitive sports requires constantly improving laws,uninterrupted social atmosphere,and sound social security.