The Judicial Dilemma and Relief Path of Skating Injury Accidents——Taking the judgment case on China judgments online as an example
In the post-Winter Olympics era,China's ice skating has entered a new stage of steady development,but the frequent occurrence of ice skating injury accidents has seriously hindered the development of the program.The judicial mechanism is an important channel to solve the disputes of ice skating injury accidents.Taking 38 judgment case documents on the China Judgments Online as the research object,this paper has analyzed the characteristics of ice skating injury accidents and the current judicial dilemmas by using the methods of content analysis,bibliometric analysis,and case study.It is concluded that ice skating injury accidents present a spatial layout of"more in the north and denser in the east",often accompanied by major injuries such as fractures and sustained disability effects,and the accidents are often shared by a number of parties to bear the responsibility.The judicial dilemma lies in the inability of the parties to provide evidence,which leads to difficulties in authentication;The appropriateness and inadequacy of the competition of legal provisions,which makes it difficult for the parties to believe and reach a consensus;The lack of reasoning in the judgment document affects the effectiveness of the judgment and the fairness and justice of the judiciary.It is recommended to cultivate the awareness of the rule of law,clarify the order of application of legal provisions,unify the judicial sentencing procedures,and rigorously explain the discretionary process in the adjudication document,so as to break through the judicial dilemmas of the ice skating injuries,and to promote the industrialization of ice skating and the construction of a leading ice and snow sport nation.
ice skatinginjury accidentsjudicial dilemmaslegal construction
万方数据
