On The Self-contained Risk In The Exemption Of Tort Liability

Assumption of risk is a kind of defense reason born in the background of increasing infringement phenomenon in the process of western industrialization,which has a long history and meets the social demand at that time.Later,with the development of society and the improvement of legal system,many western countries introduced it into the field of tort law and took it as an important principle of legal norms.With more than 40 years of reform and opening up in China,the number of new-type risk disputes in modern society is increasing day by day.China's legal provisions,especially the tort law system,urgently need to introduce the concept,rules and application scope of assumption of risk,so as to meet the needs of social practice and judicial theory development.This paper will conduct a comprehensive analysis of the basic theory of assumption of risk,and analyze and define its clear definition,judicial practice,legal attribute,related concepts and applicable scope in China.On the basis of drawing lessons from foreign mature experience and a large number of cases,combined with China's reality,we support the upcoming civil code of our country to officially incorporate this ground for exemption into the law.This paper demonstrates the necessity of assumption of risk in China's legislation,so as to make efforts to build the integrity of tort liability law system in China's civil law.