Research On The Legitimation Of Sports Injuries

Competitive sports injuries,as a special form of human injury,occur in competitive sports.Due to the technical and professional characteristics of competitive sports competitions,it is different from ordinary injury behaviors,and the content involves the relevant knowledge of criminal law theory and sports science.In modern society,the sports industry is booming.We often encounter the problem of injury in competitive sports.When dealing with such problems,we cannot simply circumvent the rules of the sports competition rules and avoid the law.It is assumed that the perpetrator should bear legal responsibility.Considering competitive time,space,responsibility of competitive participants,the inherent risks of competitive games and the subjective purpose of competitive participants,we can make a correct judgment on competitive sports injuries and determine whether they should be subject to criminal punishment.The application in reality should be supported by the theoretical background.The academic research and legislation on the basis of the legitimate injury of competitive sports,China is in a relatively backward state,and the academic circles in China have different views on the legitimate reasons for the injury of competitive sports.The main ideas include the theory of legitimate business.The victim commitment theory,the social equivalence theory and the legitimate risk theory,etc.,the mainstream view is the legitimate business theory,but most of the theoretical arguments are essays in the works,the systemic arguments are relatively small,the research is relatively simple,and the research results are more less.The purpose of this paper is to address this problem,firstly to classify competitive sports from the perspective of criminal law research,then analyze and dialect the various doctrines,determine the basis of competitive sports injury,and then combine the two to make a different The competitive sports injury conditions corresponding to competitive sports are justified,so that the normal competitive sports injuries are distinguished from the abnormal ones.Finally,the form of abnormal sports injuries is combed and should be punished by criminal law.The criminal law accountability provides some help.The full text totals more than 30,000 words,there are 4 parts except for the introduction and conclusion.The introduction mainly introduces the background and significance of the research,the theoretical theory and research status,research methods and innovations in this field at homeand abroad.The first part is an overview of competitive sports injuries.This part first briefly introduces and classifies competitive sports,and sorts out what needs us to study.Then introduce the concept of competitive sports injury and determine the legal interests of the competitive sports injury behavior.The second part is the analysis of the theory of the basis of the legitimate injury of competitive sports.This part first introduces four mainstream theories about the justification of competitive sports injuries,namely the victim commitment theory,the legitimate business theory,the social equivalence theory and the legitimate risk theory.Then,each theory is evaluated and analyzed,and the theoretical advantages and theoretical defects of each theory are analyzed.Finally,after comprehensive comparison,find out the more appropriate legitimate risk theory and make appropriate corrections to determine the justification basis for competitive sports injuries.The third part is based on the classification of competitive sports in the previous section and the revised theory of legitimate risk,the conditions for the justification of competitive sports are put forward,which are mainly for athletes’ self-responsibility,inherent risks and three aspects of competition.Among them,the athlete’s self-responsibility specifically includes three elements: responsibility,arbitrariness and risk perception.For the purpose of the competition,the content of the competition and the theoretical significance of the competition are included.The fourth part is based on the classification of competitive sports competitions,combined with the conditions of competitive sports injury,and concludes the conditions of legitimate sports competitions in different risk levels,and finally lists the types of abnormal sports injuries.,to provide a reference for practical applications.The final conclusion summarizes the structure and main content of the article,the problems that arise in the research of the injury training of competitive sports,and the future research direction.