On The Risk System

As an ancient defense of the Western countries, Assumption of Risk was growing for hundreds of years. And it was in the rage during the period of Industrial Revolution. But In today, although there is a dispute regarding the abolition issue of the rule, with the considerable impact of the Comparative Negligence doctrine, it is still irreplaceable in certain areas, and has been proven in practices. China does not have any related law about Assumption of Risk, while, in course of trial, the judges often make the decisions by referring the rule. So under the new situation, What changes has happened in the rule of Assumption of Risk? What is the value of this rule? Under the current monocracy environment in our country, is it propriety to apply the rule? This article will address the above-mentioned issues, and focused on analysis the elements and the scope of Assumption of Risk. Then make an approach to the problem that may occur in the progress of building the rule, in Combined with China’s specific national circumstances and the legal context.