| （School of Civil，Commercial and Economic Law，China University of Political Science and Law，Beijing 100088，China) Abstract: The Tort Liability Law provides a fundamental criterion for the legal application of competitive sports torts, but treats them as general torts, neglects sports own value pursuit and risk distribution, which is not conducive to the long-term development of competitive sports. Since constitutive requirements for competitive sports torts have their particularity, a competitive sports tort should be determined bases on the principle of liability for fault, in the mean time, the doer’s fault should be determined based on the rational person measuring standard, and the ef-fects of sports rules, participant’s status and sports event should be taken into account as well. In terms of negative requirements for exemption reasons, the author probed into the legal constitution of competitive sports torts: besides exemption reasons for general torts stipulated by law, theoretically, there are other exemption reasons, especially, assumption of risk has its rationality in juridical practice since it is closely related to competitive sports torts.
Key words: sport law；competitive sports tort；sports rule；assumption of risk |
