滑冰伤害事故的司法困境和纾困路径——以中国裁判文书网判决案例为例

The Judicial Dilemma and Relief Path of Skating Injury Accidents——Taking the judgment case on China judgments online as an example

后冬奥时代,我国滑冰运动进入稳步发展的新阶段,但滑冰伤害事故的频发严重阻碍了项目的发展。司法机制是解决滑冰伤害事故纠纷的重要渠道,以中国裁判文书网38个判决案例文书为研究对象,采用内容分析、文献计量分析、个案研究等方法,对滑冰伤害事故的特征与当前面临的司法困境进行剖析。得出滑冰伤害事故呈现“北多东密”的空间布局,常伴随着骨折等人身重大伤害及持续性的伤残影响,事故往往由多方共同担责。司法困境则在于当事人举证不能导致鉴证困难;法条竞合的适切不当,当事人难以信服和达成共识;裁判文书说理不足,影响判罚效力和司法的公平正义。建议培育法治意识、明晰法律条款应用顺序、统一司法判罚程序、裁判文书严谨解释酌定过程,以此突破滑冰伤害事故的司法困境,推动滑冰运动的产业化发展和冰雪体育强国的建设进程。

In the post-Winter Olympics era,China's ice skating has entered a new stage of steady development,but the frequent occurrence of ice skating injury accidents has seriously hindered the development of the program.The judicial mechanism is an important channel to solve the disputes of ice skating injury accidents.Taking 38judgment case documents on the China Judgments Online as the research object,this paper has analyzed the characteristics of ice skating injury accidents and the current judicial dilemmas by using the methods of content analysis,bibliometric analysis,and case study.It is concluded that ice skating injury accidents present a spatial layout of “more in the north and denser in the east”,often accompanied by major injuries such as fractures and sustained disability effects,and the accidents are often shared by a number of parties to bear the responsibility.The judicial dilemma lies in the inability of the parties to provide evidence,which leads to difficulties in authentication;The appropriateness and inadequacy of the competition of legal provisions,which makes it difficult for the parties to believe and reach a consensus;The lack of reasoning in the judgment document affects the effectiveness of the judgment and the fairness and justice of the judiciary.It is recommended to cultivate the awareness of the rule of law,clarify the order of application of legal provisions,unify the judicial sentencing procedures,and rigorously explain the discretionary process in the adjudication document,so as to break through the judicial dilemmas of the ice skating injuries,and to promote the industrialization of ice skating and the construction of a leading ice and snow sport nation.