| （Department of Sports Society and Economic，Capital Institute of Physical Education，Beijing 100088，China） Abstract: By introducing the types and judgment standards of assumption of risks, based on cases the author ana-lyzed the value of the principle of assumption of risks for the tort law implemented in China. The “assumption of risks” is the defense for that it is different from “consent”, fitting into the grand background of sport development; in the area of sports injury torts, introducing the principle of assumption of risks is conducive to making up defi-ciencies which cannot be fully covered by victim consents and faults in theories about civil laws implemented in China today, provided a certain space for application. We can, by referring to the practices of tort laws implemented in Europe and America, put implied assumption of risks into the victim fault system used as the ground for liability specification without making separate specifications, yet specify explicit assumption of risks as the ground for li-ability exemption.
Key words: sport law；sports injury；legal liability；assumption of risk；tort |
