| （首都体育学院 体育管理与传播学院，北京 100191） 摘 要：竞技活动由于其竞争性和身体活动性，蕴含着伤害的风险，其中以同场竞技运动员间的伤害最具体育特殊性。运动员间的竞技伤害可能会构成侵权，其侵权责任有特殊的构成要件和违法阻却事由。如果加害人导致受害人受伤的行为是对竞技安全规则和该项目传统、惯例的重大违反，并且行为人具有重大过失，受害人损害严重、违法行为与严重损害事实之间具有因果关系，则加害人应对受害人的伤害承担责任。判断对抗性体育竞技中加害人是否存在过失可以考虑下列要素：项目本身特征、运动员特征和事件发生时的事实和环境。自甘风险是竞技伤害侵权最常用的抗辩事由。 |
HAN Yong
| （School of Mangement and Communication of Sports，Capital University of Physical Education and Sports，Beijing 100191，China） Abstract: Due to its competitiveness and body movement, a competitive activity contains the risk of injury, in which an injury caused by an athlete competing together has sports specificity. An injury caused by competition between ath-letes may constitute a tort, its tort liability has special constitutive elements and malfeasance stopping causes. If the in-jurer’s action which causes the victim’s injury is a major violation of a competition safety rule or a tradition or conven-tion of that event, and the doer has culpable negligence, the victim is seriously injured, or there is causality between the malfeasance and the fact of serious injury, the injurer should undertake the liability for the victim’s injury. For deter-mining whether the injurer has negligence in contesting sports competition, the following elements can be considered: event characteristics, athlete characteristics as well as the facts and environment when the incident occurs. Assumption of risk is the most commonly used defense for the tort of an injury caused by competition. |
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