《侵权责任法》为竞技体育侵权行为的法律适用提供了基础依据,但是仅将其作为一般侵权行为对待,忽略体育自身的价值追求和风险分配,不利于竞技体育的长期发展.竞技体育侵权行为的构成要件具有特殊性,对竞技体育侵权行为应以过错为归责原则,同时对行为人过错的认定应以理性人作为衡量标准,并考虑体育规则、参加者身份和运动项目的影响.免责事由从消极要件方面探讨了竞技体育侵权行为的法律构成,除了法律规定的一般侵权行为的免责事由之外,理论上存在的其他免责事由,特别是自甘风险,由于与竞技体育侵权行为紧密联系同样在司法实践中具有合理性.%The Tort Liability Law provides a fundamental criterion for the legal application of competitive sports torts, but treats them as general torts, neglects sports own value pursuit and risk distribution, which is not conducive to the long-term development of competitive sports. Since constitutive requirements for competitive sports torts have their particularity, a competitive sports tort should be determined bases on the principle of liability for fault, in the mean time, the doer's fault should be determined based on the rational person measuring standard, and the ef-fects of sports rules, participant's status and sports event should be taken into account as well. In terms of negative requirements for exemption reasons, the author probed into the legal constitution of competitive sports torts: besides exemption reasons for general torts stipulated by law, theoretically, there are other exemption reasons, especially, assumption of risk has its rationality in juridical practice since it is closely related to competitive sports torts.
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