| （School of Economic and Trade Law，Shandong Institute of Political Science and Law，Jinan 250014，China） Abstract: Responsibility restriction provisions are usually established in sports game participation agreements to reduce or exempt responsibilities of game organizers. When a game participating athlete is physically inured, he or she can choose to demand for a relief for reason of the responsibility for right violation or contract breaching. If a lawsuit about the responsibility for right violation is filed, the counter party can use responsibility restriction provi-sions agreed in the contract to make an argument, thus resulting in the concurrence of responsibilities for contract breaching and right violation. In legislations of China there is no clearly specified stipulation on the effect of argu-ing the responsibility for right violation by using contract contents. By referring to legislations and judicial practice of other countries, China allows the counter party to make an argument about the responsibility for right violation by using the content of contract provisions, so as to facilitate the settlement of civil disputes, and to embody the princi-ple of legal fairness, but a correct judgment on the legal effect of responsibility restriction provisions should be made according to specific circumstances of sports games and legal principles, so as to protection lawful rights and interests of athletes.
Key words: sports law；game participation agreement；contract；responsible for right violation；responsibility restriction provision |
