Study On Liability Determination Of Self-accepting Risk In Badminton Competition ——Take A Body Right Dispute As An Example

With the improvement of China’s comprehensive national strength,people are more and more yearning for a better life,and the content and form of cultural and sports activities are also more and more abundant,which makes the infringement relationship in cultural and sports activities more and more complicated.When we pursue the happiness brought by sports,disputes such as physical rights and health rights also arise.In the gansu risk rules of formal written in the form of law before the civil code,similar to the claw in the judicial practice and so on sports disputes caused by body weight,and health damage cases have occurred,when the judge in some reason,to interpret the gansu risk rules in solving disputes,by him alone bear the damage;According to the relevant provisions of tort Liability Law,some compensate for the damage suffered by the victim on the grounds of violation of physical rights and health rights;Some apply the principle of fair responsibility created by the concept of fairness and justice to reasonably share the losses of all parties;The emergence of this situation is easy to produce the same case of different judgments,affecting the authority of the law.The advent of risk-averse rules has improved the situation.This paper takes the first dispute over compensation for tort,which was dealt with by Beijing Chaoyang Court applying self-acceptance of risk rule since the implementation of the Civil Code,as an example.Combined with the focus of the dispute,this paper systematically and comprehensively introduces the basic theory of self-acceptance of risk,the recognition of tort and the concept of fair liability in disputes over physical rights,and the constituent elements,etc.Further clarify the self-acceptance of risk rules,intentional or gross negligence liability for tort damages and fair liability standards,so as to conclude whether and how these three rules should be applied in judicial practice.The inclusion of the self-acceptance risk rule in the Civil Code can be said to be a strong response to the disunity of judicial judgment caused by infringements in sports competitions,which reflects the attention of the society under the rule of law to the field of cultural and sports activities,standardizes the unity of judicial judgment,and demonstrates the fairness,rigor and timeliness of the rule of law.To further clarify the gansu risk rules,intentional misconduct or gross negligence of tort damage compensation liability and fair liability standards can alleviate the situation of the current litigation situation frequent,body weight for the sports game provides the solution of the dispute,and standardize the judicial referee the deviation of the results is beneficial to the healthy development of sports games,So that the people of Guangfa can feel the strength and warmth of the law and truly feel the fairness,justice and human rights protection brought by a society under the rule of law.