| （Department of Sports Society and Economic，Capital Institute of Physical Education，Beijing 100088，China） Abstract: Safety assurance obligation in sport refers to a rational obligation undertaken by a person engaging in sports business activities or organizing other sports activities to protect the personal safety of others. The basic re-quirement for determining a safety assurance obligation breaching behavior is that the doer violates the safety as-surance obligation. In determining rational safety assurance obligations in sport, the followings should be consid-ered: the ability to prevent risks and damages, the characteristics of the development of sports activities, the source and intensity of risks or damaging behaviors, the costs for preventing and controlling risks or damages, and specific circumstances of the victim participating in business activities or social activities. By referring to the experiences of UK, USA and France as well as the specificity of sports activities, in its legislations China should specify sport ac-tivity participant and audience assumption of risk as a reason for defense. The participant and audience assumption of risk can be specified in the form of agreement, i.e. establishing an exculpatory clause, whose legitimacy depends on whether it is well defined, specific and clear, and whether the negotiation process is freewill, open and transpar-ent. When damage is done intentionally or by a gross negligence, the exculpatory clause will be invalid.
Key words: sports law；safety assurance obligation；sports injury；assumption of risk；exculpatory clause |
