The risk-assumption principle in infringement is widely used in sport injuries,which is accepted in both the theoretical circle and the juridical practice in China. If the personal injury on the sports ground is not c...The risk-assumption principle in infringement is widely used in sport injuries,which is accepted in both the theoretical circle and the juridical practice in China. If the personal injury on the sports ground is not caused by wrongful conducts,the risk-assumption principle is applied,and the doer does not assume compensation liability. If the personal injury is caused by illegality or purposeful illegality to cause personal injury,the risk-assumption principle shall be pulled back totally or partially,and the fault-offset principle and fairly-share-loss principle shall be applied to balance the interests of the two parties. However,under some special circumstances,it is difficult to judge whether there are wrongly conducts; fromthe controversial sports phenomena and sports subjects,this paper analyzes the application and pullback of the risk-assumption principle under some special circumstances.展开更多
基金the staged achievement of the key innovation research project of the Board of Education of Shanghai-Artistic Research upon the Graphic Symbol of the masonry of Shanghai Traditional StoneHouses(No.:44801140)
文摘The risk-assumption principle in infringement is widely used in sport injuries,which is accepted in both the theoretical circle and the juridical practice in China. If the personal injury on the sports ground is not caused by wrongful conducts,the risk-assumption principle is applied,and the doer does not assume compensation liability. If the personal injury is caused by illegality or purposeful illegality to cause personal injury,the risk-assumption principle shall be pulled back totally or partially,and the fault-offset principle and fairly-share-loss principle shall be applied to balance the interests of the two parties. However,under some special circumstances,it is difficult to judge whether there are wrongly conducts; fromthe controversial sports phenomena and sports subjects,this paper analyzes the application and pullback of the risk-assumption principle under some special circumstances.
