Legislative omissions and interpretation supplements of accident injury insurance provision in the newly revised Sports Law WANG Xusheng
(Koguan School of Law，Shanghai Jiaotong University，Shanghai 200030，China)
Abstract: Article 90 of the newly revised Sports Law establishes for the first time in legislative form a sports accident injury insurance system for large-scale sports competitions, high-risk sports competitions and high-risk sports events. This article improves the system of accident insurance at the formal level and responds to the self-satisfaction risk rules of the Civil Code at the substantive level, and forming a closed loop of the risk - liability - insurance protection system with it. However, due to the umbrella property of the article, there are incomplete or even white space of the specific connotation of “large sporting events” “insurance should be negotiated with the participants”“insurance object”“participation period” and the “consent rule”. At this stage, it is not realistic to amend the law again. Therefore, we could use the interpretive approach to supplement and implement the above concepts and rules, so as to solve the practical disputes to the greatest extent and provide a more complete insurance protection for China from a large sports country to a strong sports country.
Keywords: sports law；sports accident injury insurance；group insurance；assumption of risk；silent consent