沈阳体育学院学报2026，Vol.45Issue(2)：43-49,7.DOI:10.12163/j.ssu.20251431
"自甘风险"规则下青少年校园足球伤害案件归责研究
Liability Determination of Youth Campus Football Injury Cases Under the"Assumption of Risk"Rule
摘要
Abstract
Football is a typical sport in terms of injury risk.As participants in campus football,adolescents are both potential creators and bearers of risk.Given that the injured parties in youth campus football injury cases are usually primary and secondary school students with limited civil capacity,and that the issue of guardians'tort liability arises when minors with limited civil capacity cause harm to others,it is necessary to clarify the determination in such cases under the"assumption of risk"rule by drawing on current judicial practice.Through the analysis of 222 judicial documents from China Judgments Online,this study holds that the degree of violation of the"game rules"should serve as the benchmark for determining whether the actor acted with intent or gross negligence.At the same time,schools cannot be exempted from liability under the"assumption of risk"rule.Instead they should adopt an objective judgment standard to determine whether they have fulfilled their educational and management responsibilities,while fully considering the physical and mental characteristics of minors.Schools can promote socialized risk sharing by providing students with specilaized insurance for sports-related accidental injuries.关键词
校园足球/足球伤害/自甘风险/侵权责任承担/安全保障义务Key words
campus football/football injury/assumption of risk/tort liability assumption/safety control duty分类
社会科学引用本文复制引用
虞沁宸.."自甘风险"规则下青少年校园足球伤害案件归责研究[J].沈阳体育学院学报,2026,45(2):43-49,7.基金项目
上海市教育委员会本级财政项目"2025年立德树人人文社科基地建设(体育)"(11001-412224-25A19). （体育）
