Research On Liability Principle Of Assumption Of Risk

Liability principle of assumption of risk is thus liability principle that generally refers to: it does not constitute infringement to the volunteers,that is to say,the actor voluntarily ventured when he knew the risk,if the risk occurs,he should bear the consequences of his own injury.Although China's current laws and regulations without the assumption of risk,but with the developing of today's society,a series of problems in the fields of competitions,self-service travel,medical treatment,extreme sports and so on are constantly presented in the public view.Under the background of the contemporary concept of the rule of law deeply rooted in the hearts of the people,these problems have brought new challenges to the judicial practice of our country.In the judicial practice,We also have examples of try to use the assumption of risk rule to deal with these issues.Therefore,it is necessary to research assumption of risk.The writing of this paper is mainly composed of the following parts:The part of the introduction mainly include the proposal about liability principle of assumption of risk,the purpose,and the significance.The first chapter,mainly include the concept of liability principle assumption of risk,its origin and development,the distinction between assumption of risk behavior and approximate behavior and so on,the purpose is to make a general introduction about liability principle of assumption of risk.The second chapter,have mainly analyzed the necessity and feasibility of the application of the liability principle of assumption of risk,the purpose is to demonstrate why we should advocate the introduction of the liability principle of assumption of risk.The third chapter,have draw lessons from experience of Professor Shi Shangkuan in the analysis of legal behavior,analyzed the differences in three aspects:the establishment components,the effective components and the liability components of the assumption of risk behavior.the purpose is to solve the theoretical confusion problems of liability principle of assumption of risk.The fourth chapter,have put forward some suggestions on the transplantation of the liability principle of assumption of risk in the end of the article.