摘要
体育竞赛是一种对抗性极高的、从而极易造成运动员人身伤害的高风险群体活动。随着体育比赛、竞技活动的增多,这种致人伤害的潜在危险也随之增加。由此而引发的人身伤害到底应由谁来承担,便成了一个无法回避的问题。通过深入分析体育比赛中致人损害的各种具体的表现形态、责任归属,我们认为,运动员在体育竞赛中受到损害的,该损害由谁承受通常分为两种情况:一是由受害的运动员自己承受,称自己责任;二是由他人承担,为他人责任。此外,俱乐部因旗下的运动员在比赛中遭受他人损害的,可以依法行使代位求偿权和独立求偿权。
Sports games are a very competitive and risky group activity in which athletes may suffer injury. As sports games increase, the latent risk of injury increases. Hence, who shall take responsibility for such injury has been an unavoidable problem. As for the compensation for athletic injury in sports games, the Law of the People＇s Republic of China on Physical Culture and Sports has no detailed regulations; the governmental departments haven＇t set up related statutes; and internationally, there are not any perfect systems that can be used as reference. Through the deep analysis of specific forms and responsibilities of injury, we propose that the compensation for injury in sports games may fall into two kinds： the athlete bears responsibility for his own injury or others shall bear responsibility. Furthermore, clubs can call for substitute or independent compensations according to laws for their athletes who suffer personal injury in sports games.
