The Status Quo, Characteristics And Enlightenment Of Judicial Litigation In Cases Of Sports Injury Accidents In The Elderly In My Country

In the 21 st century,China will become an ageing society inevitably.Decreasing the health level of the elderly will increase the economic and psychological burden on families and society,and will adversely affect the overall development of the country.Physical exercise is not only an important means to improve the health status of the elderly effectively,but also an indispensable factor related to healthy aging.However,with the soaring demand and participation of older people for physical exercise,the number of infringement cases triggered by it has also increased year by year.In 2019,the State Council issued the National Medium-and Long-term Plan for Responding Proactively to Population Aging(hereinafter referred to as the Plan),which will make the response to ageing rising to a national strategy,requiring the strengthening of the legal environment for addressing population ageing,and protecting the legitimate rights and interests of the elderly.Judicial litigation is not only an effective way to resolve such disputes,but also the ultimate way to safeguard legitimate rights and interests.However,compared with the research on the status and influencing factors of the elderly's physical exercise,public services for the elderly,and sports policies for the elderly,the depth and breadth of the judicial litigation studies on elderly sports injury accidents are disproportionate.It is very meaningful to study this theme.The proper resolution of sports injury accidents for the elderly is not only related to the harmony and stability of society,but also to the realization of the goal of national fitness and the construction of healthy China.Therefore,this study uses the literature method,questionnaire survey method,expert interview method,case study method,logical analysis method,mathematical statistics method,etc.,using China Judgment Documents Network as the data source,and according to the "Civil Adjudication Document Production Standards of the People's Court" Based on the empirical analysis of the 54 civil judgment documents for elderly sports injury accidents,the proposed judgment documents constituted an analysis of the current situation of elderly sports injury accidents and the status of judicial proceedings in China,focusing on the elderly sports injuries.The characteristics of judicial proceedings in accident cases,the application of legal principles for the division of responsibilities,and legal attribution,and from this,the enlightenment of judicial proceedings for elderly sports injury accidents has been explored.The main conclusions are as follows:1.Older sports injuries occur more often in the morning,and are more likely to occur when participating in sports and fitness activities.The injuries are mainly caused by femurs,and the types of injuries are mostly fractures.Simple procedures are often used to handle cases,but the appeal rate is relatively high.The plaintiffs in the cases are mainly victims and their families.The defendants are relatively diverse,mainly site managers and actors.2.For the plaintiff's litigation request,the number of actual cases supported by the court and the number of plaintiff's litigation requests are relatively large,and the reasons for the judgment are mostly based on the focus of the dispute.Whether to fulfill the corresponding obligations is the main basis of the judgment;The three laws,the Tort Liability Law and the Interpretation of Personal Injury Compensation,are important references in the judgment results;the actual liability is mainly based on compensation for damages.In the scope of liability,the court basically meets the plaintiff's claim in accordance with the corresponding evidence.However,there is a large discrepancy in compensation for mental damages.3.The overwhelming majority of sports injury accidents of the elderly are cases of tort liability disputes.The sports venues of the elderly must perform specific duties such as maintaining public safety,management,forewarning,and notification and assistance to the elderly.Taking risks at their own knows before can be effective defense at the case of elderly sports injury accidents.4.The legal principles for the division of liability for injury accidents in old age sports are mainly based on the principle of fault liability,supplemented by the principle of no fault liability and fairness;the risk factors of sports,venues,and the elder's own factors are the main causes leading to the injury accidents.