The research of the events about the sport violence and injury-Examples of the judicial decisions on ball competitions

• Main Authors: Shih-Hsun Hung, 洪士勛
• Other Authors: Chun-Hsien Su
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/85994722466378994718

碩士 === 中國文化大學 === 體育學系運動教練碩博士班 === 98 === Sports violence and injury have existed for a long time and its legal issues have been discussed and debated for several years without interruption. Since discussion on sports law in Taiwan is just at the initial stage, most athletes, coaches and professors have yet to understand this kind of problems precisely and the jurists have not been involved in the researches related to this issue. Therefore, the first part of this thesis focuses on the causes and types of sports violence and injury by bibliographic analysis methods. After that we investigated the legal theories of sports violence and injury in Common Law and then figured out the standard to judge this kind of events according to the judicial decision in our own country. In Taiwan, the judges regularly consulted the competition rules and considered its spirit to adjudicate a sports violence case. In addition, the judges always carefully reviewed the facts of each party, occurrence of the event, the time, the place and the object of sports violence and injury for each case to discern justification of it. From the decisions, we conclude that abiding the rules of sport competition is a general principle to avoid the occurrence of sports violent injury. Given that the law is the lowest standard of morality and the basic line to defense the public power of a state; all sport organizations should make their own rules of competition complete and integrate, which will prevent sport violence and injury, to ensure the sport image of health and its purpose to pursue life quality.