体育竞赛行为导致人身伤害的法律责任探析

On Legal Liability in the Case of Physical Damage Induced by Athletic Competitive Action

在许多集体对抗的体育竞赛中,比赛双方的运动员难免发生身体对抗和冲撞,并由此造成了身体损伤。因故意冲撞的竞赛行为而致对方运动员人身损害的,是否属于法律上的人身侵权并应承担法律责任?在分析人身侵权行为的构成要件、体育竞赛中人身损害的特殊性的基础上对此作出否定的回答。

In many collective confrontations in sports competition, athletes of both sides are inevitably subjected to physical confrontation and collision, which would result in physical damages. Is deliberate collision in competition inducing physical damages to the opponents an infringement of human rights？ Should the athlete who does the damage be legally liable？ After analyzing the constituent keys of human rights infringement and the special nature of physical damage in sports competition, the paper gives negative answers to both questions.