| （1.School of History and Politics，Guizhou Normal University，Guiyang 550001，China；2.Law School，Xiamen University，Xiamen 361005，China) Abstract: By analyzing some typical sports injury cases occurring in recent years and court judgments, it can be discovered that the judgment standpoint accordingly held by the courts in China has gone through a process of transformation from fair liability to assumption of risk, and then from assumption of risk to loss sharing. The loss sharing rule is the upgrade of fair liability, conducive to court transformation in terms of judgment conception, i.e. from emphasizing the offender’s “liability” to focusing mainly on the rational sharing proportions of both parties. As compared with assumption of risk, the loss sharing rule is also effective in resolving disputes and promoting har-mony, in accordance with modern tort law transformation in terms of function and value orientation, thus more conducive to realizing tort law’s value in protecting the weak.
Key words: sports law；sports injury；fair liability；assumption of risk；loss sharing；China |
