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Analysis Of The Application Of Self-willing Risk In Sports Competitions

Posted on:2022-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZhouFull Text:PDF
GTID:2516306323952719Subject:Law
Abstract/Summary:PDF Full Text Request
In the cases of injury accidents in sports competitions,the frequency of applying the the rule of assumption of risk is higher,but it is difficult to apply it before our country made it clear,so there are disputes about the scope of voluntary risk,whether minors can apply the rule of assumption of risk,and whether the principle of fairness can be applied in the case of the rule of assumption of risk.Article 1176 of the civil code,which has come into effect,for the first time stipulates that the rule of assumption of risk is an independent defense,which is too principled.Its scope of application should be expanded to include literary and artistic activities,cultural and recreational activities,and sports activities,among which sports activities include extreme sports,professional sports,amateur sports.In sports competition,when the competitors,referees and spectators are damaged by the inherent risks of sports competition,the he rule of assumption of risk can be applied.In practice,although both professional sports and amateur sports should apply the he rule of assumption of risk,there are differences in risk degree,competition purpose,medical equipment conditions and professional level between them.Therefore,the he rule of assumption of risk should be applied in professional sports.However,in the case of serious injury or death in amateur sports,the he rule of assumption of risk should be applied,but the effect of risk rules to prevent illegal activities should be blocked.
Keywords/Search Tags:Assumption of risk, Match, Inherent risk, Civil code
PDF Full Text Request
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