Infringement Liability Of Atheletes In Professional Competitive Sports

The tort liability of professional competitive sports athletes has the particularity of subject,behavior time and space and behavioral reasons.The infringing subject and the infringed subject in the infringement of professional competitive sports athletes shall be the athletes participating in the competition.The special feature of time and space is that the time and space conditions of the infringement are specific,and there are some factors in the specific time and space that lead to the infringement.The reason for the behavior is that the infringement is affected by both the rules of the game and the coach’s instructions.According to different classification standards,athletes’ infringements in professional competitive sports can also be divided into different categories.According to the standard of physical contact classification,it can be divided into two types: physical contact type and non-physical contact type;according to the degree of violation of competition rules,it can be divided into three types: competition rules,competition rules violations and sports ethics violations.The principle of liability for the liability of athletes in professional competitive sports should be applied to the principle of fault liability.Since the application of the principle of no-fault liability has a clearly defined type,and the application of no-fault liability in professional competitive sports will be detrimental to the development of professional competitive sports.And in the infringement of professional competitive sports athletes,the author believes that the principle of fair compensation should not be applied.The principle of fair compensation is intended to achieve social justice and fill the huge economic differences between the parties,and there is no huge economic difference between professional sports athletes.And applying the principle of fair liability in professional sports can have a negative impact on sports.In terms of constitutive elements,athletes’ tort liability in professional competitive sports should adopt four essentials,namely,infringement,damage consequences,causality and fault.Among them,the infringement should be the competitive behavior in the competitive activities,and the behavior beyond the competitive behavior can be judged by the general infringement judgment standard.The result of the damage shall be the personal injury of the participating athletes,not the direct property damage.And there should be a considerable causal relationship between the infringement and the consequences of the damage.In the fault of the professional sports athletes’ infringement,it should be distinguished from the general civil tort.For the judgment of general negligence,it should be combined with the violation of the rules of the game,whether the behavior is consistent with the purpose of the competition and whether it is for the three types of physical contact type competition.In the case of infringement compensation caused by athletes’ infringement in professional competitive sports,the amount of conventional compensation that athletes should bear,including the compensation for the loss of labor ability of others and the determination of the amount of death,should be based on the particularity of professional competitive sports.The difference between torts.In addition,employer responsibilities and guardian responsibilities may also be an alternative responsibility for professional athletes’ infringement.In the employer’s responsibility,the employee’s employed company shall bear certain liability for compensation.However,in terms of guardian responsibility,due to the particularity of the professional competitive sports industry,athletes can be determined to have the economic basis and capacity to independently assume responsibility,so the substitute responsibility of the guardian is not applicable.In the infringement of professional competitive sports athletes,the two types of defenses can be applied to the risk of self-inflicted and the consent of the victim.The self-inflicted risk reflects the freedom of the social subject to choose his own behavior under the comprehensive game.In the professional competitive sports,the athletes are implicitly self-inflicted,and the risk should be satisfied under the application of the self-inflicted risk defense.The victim knows the existence of the risk and the victim’s voluntary involvement in the risk.In the case of the victim’s consent,the victim’s consent is mainly applicable to the professional sports of the physical contact category,which is represented by the fight competition.The victim agrees that it is necessary to satisfy the victim’s permission in the manner expressly stated beforehand,and the scope of the victim’s consent must not exceed the limits,must not violate the laws and regulations,and the perpetrator must be in good faith.