Construction Assumption Of Risk Rule In China

as an ancient principles of civil law, assumption of risk in common law and civil law have experienced a flourishing to the gradual decline of the process, many countries in the world today subsisting legal norms which can be seen, but in our country are still not be put on the legislative agenda, which is detrimental to solve the disputes of our complex and changing. Article by a brief introduction to wallow in the adventure of a system theory, Elements and types are willing to risk the general outline of a general description such that are willing to adventure further understanding. Departure from Chinese actual situation. Analysis of correlation and are willing to risk similar to the rules of law with the difference from assumption of risk to willingly adventure in our existing legal system which does not exist. China’s judicial practice, but there are many willingly risk of this theory could be applied to come to decided cases, but in this case but also prominent for the unfavorable situation of the judiciary, judicial injustice, the second is for now judges are not allowed in the legal system made the breakthrough of the law; clear that the judicial practice, this approach is not appropriate. Further linked to the actual situation abroad, both in common law countries and civil law countries wallow in adventure rule of law. and are willing to risk experienced a process from prosperity to decline, but its subsisting soil or solid, and our from the judicial instance which can clearly be seen, since in China is also willing to risk the existence of soil. I believe that from willing to take risks included in the insurance system to resolve when faced with assumption of risk within the scope of the case, and resolved quickly, reasonable and feasible. The other hand, can also be defined by wallow adventure areas, different legal adjustments, this kind can also solve the relevant circumstance, but for efficiency, speed and effectiveness than wallow adventure included in the insurance system, although feasible, but1willingly adventure into the insurance system biased in favor of them. Willing adventure rules into the insurance system, can also be a good combination of theory and practice, but also to other social system with the good. This is also a perfect Chinese socialist legal system, Chinese legal system more closely, fulfilling and reasonable.