| （School of Law，Weifang University，Weifang 261061，China) Abstract: Based on basic theories of civil law, the author expatiated on liability assumption for the damage of a cheat-ing runner in a marathon competition, and put forward the following onions: the competition organizer has no contrac-tual relationship with a cheating runner, once damage occurs, the competition organizer does not assume contract breaching liabilities. In the mean time, whereas the competition organizer’s behavior does not meet the constitutive re-quirements of general tort liabilities, the competition organizer does no assume safety assurance obligations either, does not assume tort liabilities for cheating runners. The ID tag transferor should assume corresponding civil liabilities, and the liability basis is contracting fault liability. A cheating runner oneself should assume primary liability for his/her damage, and the theoretical basis is the assumption of risk and accident. The competition organizer should as well im-prove competition management performance, prevent the occurrence of cheating runners, lower competition risks, and ensure the smooth running and sustainable development of marathon competitions.
Key words: sports law；civil liability；assumption of risk；cheating marathon runner；competition organizer；ID tag transferor |
