Research On The Construction Of Assumption Of Risk

As an important defense in negligence tort, the rule of assumption of risk has made great strides in western countries. While in our country it has not aroused as much attention as in western countries. There are no statutes about this rule in The People’s Republic of Tort Law, but it is frequently referred in judicial practice by judges. Although some scholars provide several legislative advices about this rule, problems still exist. Therefore, with the comparative and historical perspective, this article will do some research on the construction of assumption of risk in China by absorbing existing legal results.This article includes five parts. Part one is an overview of the origin and development of assumption of risk in western countries. It also modifies the concept and composition of this rule. Part two analyzes three major problems of assumption of risk. Part three is about the necessity of introducing assumption of risk. It discusses the meaning of introducing this rule. Meanwhile, it also discusses the range of application of this rule, mainly makes an analysis of the common manifestation in fields such as medical infringement, animal infringement, product liability and high-risk operation. Part four analyzes the feasibility of introducing assumption of risk. The attitude of domestic scholars and three major advantages of introducing are discussed in this part. After getting rid of obstacles, the last part gives advices of constructing a more suitable system of assumption of risk in China.