(1.School of Physical Education,Shanghai Normal University,Shanghai 200234,China; 2.Department of Physical Education,Xingtai Polytechnic College,Xingta 054000,China) Abstract: With China judgments online as the data source, based on Specification of the Making of Civil Judicial Documents endorsed by the People’s Courts, the paper aims to conduct an empirical analysis of the 54 civil judg-ment documents of the injury accidents in physical activities for the elderly, studying the characteristics of the body content, including the header, facts, arguments, referee bases, and main judgement body. The results show that in the course of litigation, the elderly sports injury accidents are mostly tort liability disputes; physical activity venues need to perform specific duties such as maintaining public safety, improving management, and offering preventive warnings and notifications for assistance. In addition, their assumption of risk may be the reason for venues to shun the responsibility, and the liability division mostly follows the principle of fault liability, non-fault liability and fair liability for the elderly with injury accidents. These results have significant implications for civil adjudicators in ad-dressing relevant cases. The implications are as follows: the elderly should work out exercises with attention; more lawyers should be encouraged to participate in relevant cases; venue managers and event organizers should fulfill their due obligations for both the elderly and sports facilities on the safety front. Key words: sports law;elderly physical activity;injury accidents;judicial litigation;civil judgment documents
|