The Legal Application Of The Voluntary Risk Rule

It is of great practical significance to establish the rule of self-acceptance risk in the Civil Code.On the one hand,it solves the phenomenon of "different judgments in the same case" in the past judicial practice and unifies the application of law.On the other hand,let the risk-takers be responsible for their own behavior,let the law-abiding people not to pay for the wrong behavior of others,so that the responsibility rules are more fair.Based on the legal application of self-acceptance risk rules,this paper discusses the scope of self-acceptance risk activities,the risk foresight and voluntary judgment of participants and the allocation of realistic risk rules.First of all,the article uses the method of typed since unwilling to risk activity from a perspective of practice,be divided into confrontational activities,outdoor adventure activities and kindness in the second from the perspective of the specification,the scope of the stylistic activity from the sport in gansu risk of epitaxial contain cultural and sports activities,but the key specification object should be the sports activities,sports activities refers to relax,for the purpose of physical activity,fitness,leisure,explains the scope of sports activities,should not be limited to the activities and should focus on activities,in the form of purpose.In addition,sports and sports activities should have a certain antagonism,which should be understood from two aspects: on the one hand,the damage comes from the other participants,and on the other hand,there must be physical confrontation or coordination between the participants.Secondly,it discusses the judgment method of risk foresight.For the explicit selfsatisfaction risk,because it is an exemption agreement in essence,the victim's knowing of the inherent risk should be interpreted as the fact knowing.For the implied risk,objective criteria should be adopted to judge the "knowing",that is,the mental level of the victim and the understanding degree of the activity.When judging voluntary elements,special emphasis should be placed on the free will of the participants.Alternative choice can become an auxiliary judgment standard.For minors,whether they are voluntary should be judged according to their mental development level.In the end,the article discusses the rule of sharing the damage,in accordance with the applicable conditions of the rule of self-acceptance risk,even if the victim causes some damage due to the general negligence of other participants,he has no right to ask other participants to bear the tort liability,but should bear the damage himself.If the other participants have intentional or gross negligence subjectively,they should bear the responsibility,and the judgment of intentional or gross negligence needs to be made by the breach of duty of care.The liability of the organizer should be determined by distinguishing whether there is a third party tort.