自甘风险在短道速滑比赛中的适用困境及消解

Dilemma of Applying Assumption of Risk in Short Track Speed Skating and Its Elimination

目的构建新标准以解决自甘风险规则在短道速滑比赛中的适用困境。方法采用文献资料等研究方法,依托国际滑联短道速滑规则构建新标准。结果与结论新标准突破自甘风险规则原先的适用范围。通过区分活动风险与活动伤害进而判断当事人是否存在过错,避免出现难以判断的困境;将责任主体直接划分到不同来源的资金,并根据资金来源确定清偿顺序,不再由明确的组织者承担侵权责任,避免出现难以明确不同组织者之间、组织者内不同来源的资金之间的清偿顺序的困境。在解决自甘风险规则在短道速滑比赛中的适用困境的同时,也为自甘风险规则在实践中的进一步运用提供新方案。

Objective To construct a new standard to solve the dilemma of applying the assumption of risk rule in short track speed skating.Methods A new standard was constructed based on the ISU short track speed skating rules by using literature and other research methods.Results and Conclusion The new standard breaks away from the original scope of application of the assumption of risk rule.By distinguishing between activity risk and activity injury and thereby determining whether the parties are at fault,avoiding the dilemma of difficult judgement.By dividing the subject of liability directly into different sources of funds and determining the order of settle-ment according to the source of funds,the tort liability is no longer borne by a clear organiser,avoiding the dilemma that it is difficult to clarify the order of settlement between different organisers and between different sources of funds within an organiser.While resolving the dilemma of the application of the assumption of risk rule in short track speed skating,it also provides a new solution for its further application in practice.