Tort Law Assumption Of Risk Rules

The assumption of risk rule has been accepted as one important plea in Negligence system, no matter in common law system or in continental law system Once the assumption of risk principle is valid, its legal effect is manifested in the absolute exclusion of the defendant’s tort law. The tort is not valid from the beginning to the end. Although the position of assumption of risk rule is always changing, it played an important part in tort Law.The assumption of risk principle can’t been explicitly stipulated in China, but we still exploit it in theory and judicial practice. This paper introduces the basic content of the assumption of risk rule, affirms the value and independent defense position of assumption of risk at the same time, to analysis of assumption of risk system established in China, in order to improve the defense system of tort law in China and help the compilation of future civil code.