On The Introduction And Application Of The Principle Of Self Risk In The Case Of Compensation For Personal Injury Caused By Folk Activities

China’s traditional activities are various in form and content,and are an integral part of the long history and culture of the Chinese nation.Some traditional folk activities,such as dragon boat rowing at Dragon Boat Festival,walking on stilts,and "climbing the sword mountain",are all typical ones that most people understand and are used to,but pay more attention to.However,because of its special skills,folk activities are naturally dangerous.Taking dragon boat race as an example,dragon boat race,as a traditional national sport,is respected and loved by the masses.In recent years,due to the frequent occurrence of accidents such as drowning in dragon boat race,the cases of personal injury caused by folk activities are endless.On the one hand,most accidents are caused by their own factors or natural factors,and there is no real infringer.In this case,who should bear the responsibility? The participants themselves,the main organizers of the activities,local grass-roots organizations,or others.How to apply the tort liability law correctly? There is no clear answer in the current legal provisions.In order to protect the legitimate rights and interests of the victims,the victims or their families usually take all participants,including the sponsor of the event,to court.On the other hand,the participants who did not carry out the victimization often feel difficult to accept their innocent lawsuits or even be sentenced to bear the responsibility of compensation,which also restricts the development and inheritance of folk culture.How to balance the legitimate rights and interests between the victim,the initiator and other participants,not only to maintain fairness and justice,but also not to limit the vigorous development of folk activities,has become the difficulty of such cases.Due to the lack of relevant provisions in China’s laws,the results of similar cases are quite different:Some courts judge the defendant to bear the tort liability according to the general tort or joint tort;Some courts judge the defendant to give the plaintiff appropriate economiccompensation on the basis of fair liability.In this kind of event,the initiator and other participants should not bear civil liability,who should be responsible for the loss of the victim,how to prevent this kind of event,and what kind of way to balance the rights and interests of the victim,as well as to make the folk custom activities that inherit traditional culture and emotion carry forward better are all worthy of discussion.The author believes that the introduction of the principle of self risk in folk activities is a good way to solve the above problems.Based on the general theory of self risk,the author tries to explore the constitution of self risk as a defense in the field of civil tort,and how to use it in the case of personal injury compensation for folk activities.Through the demonstration and the application of other imputation principles,it analyzes the feasibility and necessity of its existence.The reason for this is that the traditional theory of tort tends to discuss the composition of tort and compensation liability from the perspective of the interests of the victims;however,it is obviously insufficient to discuss the general principles of exemption and reduction of liability from the perspective of the interests of the aggressor,especially focusing on social situation and public opinion,following good customs,and emphasizing the unity of legal effect and social effect In the context of harmony,it is more necessary to regard self risk as a situation of not bearing responsibility and reducing responsibility in legislation,and make it clear in the case of personal injury compensation for folk activities.