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ZHAO Yi. New Development of the Legal Application of Football Injury Under the Background of the Implementation of Civil Code of the People's Republic of China[J]. Journal of Shanghai University of Sport, 2022, 46(2): 1-13. DOI: 10.16099/j.sus.2021.04.09.0005
Citation: ZHAO Yi. New Development of the Legal Application of Football Injury Under the Background of the Implementation of Civil Code of the People's Republic of China[J]. Journal of Shanghai University of Sport, 2022, 46(2): 1-13. DOI: 10.16099/j.sus.2021.04.09.0005

New Development of the Legal Application of Football Injury Under the Background of the Implementation of Civil Code of the People's Republic of China

  • Under the background of the implementation of Civil Code of the People's Republic of China, there are some new developments in the legal application of football injury, which will bring some new challenges to football governance. As far as the tort liability principle of football injury is concerned, the principle of fair liability, which was widely used in the past, will no longer be applicable, hence greatly enhance the confidence of participants and organizers of social football and campus football activities. The first paragraph of article 1176 of Civil Code of the People's Republic of China clearly stipulates the constituent elements of assumption of risk rules for cultural and sports activities, and puts forward new requirements for football players to clarify the legal application of football injury. Under the three-tier structure of sports injury infringement, the legal application of football injury will be considered from the following three levels: the constitutive requirements should be appropriate, illegal and responsible. Among them, the identification of assumption of risk rules as an illegal component and the identification of gross negligence as a responsible component will become the core issues of legal application of football injury in the era of Civil Code of the People's Republic of China.
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