| The voluntary risk rule originated from outside the territory and is directly stipulated by common law and written law abroad.As the residents of our country pay more and more attention to physical fitness,there are a lot of injuries in physical exercise and other activities,and finally there are disputes on the responsibility of injury.Therefore,in the Second Draft of the Civil Code,legislators incorporated this rule into the draft,and it finally came into our life with the passage of the Civil Code on May 28,2020.In theory,there are a variety of methods and channels for the study of self-willing risk,in reality,the court has also made a bold exploration,but also presented a lot of problems,mainly reflected in the failure to grasp the key points of its application in these aspects,leading to the emergence of the same case different sentences.This paper will make a more comprehensive analysis of the basic theory of self-complacent risk,and analyze and define its concept,legal attribute,constituent elements and application scope in the field of view of our country.On the basis of drawing lessons from the mature experience of foreign countries and the achievements of our judicial practice,combining with the reality of our country,this paper puts forward some suggestions in the application of judicial practice,in order to respond to the needs of judicial practice.This paper presents the results of the study on the self-complacent risk rule through four parts.The first part combs the concept of voluntancywind risk,introduces its historical evolution process,and responds to the classification of voluntancywind risk rule,mainly making a brief introduction to the rule.The second part of the risk rules of theoretical analysis,mainly includes the rules of the gansu risk theory analysis,can see there are three theoretical basis can be a logical starting point,his second to the rule of law attribute analysis,including its legal application effect,composition of the constitutive requirements,as well as its special value,The aim is to put forward the problems of theoretical research.The third part,through the combination of practical cases,analyzes the judgment attitude of the court when applying the self-accepting risk rule,and finds the problems existing in the judicial practice.The fourth part combines theoretical issues and judicial practice issues,and explores the application path after the introduction of the Civil Code through two sections.The first part provides the identification criteria for the judgment of the core elements of the self-complacent risk rule,responding to the problems of theory and practice.The second part gives its own opinions on the application of this rule in the current popular areas of juvenile protection,outdoor exploration and security. |
