Study On Assumption Of Risk

Assumption of risk principle is an ancient one which implies that the plaintiff, acquainting with the conditions of risks, takes the initiative to undertake the take possible consequences caused by the behaviors of defendant to achieve the exemption of the results of tort liability .There is no statutes about this principle in China, but it is referred frequently in judicial practice. Moreover, there are many new disputes such as riding-together with good intentions in our daily life. Therefore, in view of this case, this paper, based on the relevant legislations of foreign countries, attempts to make a thorough explanation about this principle. Part I mainly discusses the concept, composition, classification, and the changes and development of laws in other nations of assumption of risk principle; Part II makes the difference between and other confusing concepts ,and mainly on the difference between assumption of risk and the consent of victims. Part III analyzes the range of application of this principle, mainly making an analysis of the common manifestations in fields such as sports, outdoors, protective areas of power system and communications; Part IV discusses the transplantation of this principle and how to regulate the construction of transplantation .Finally, some suggestions are proposed by the author.