Application Of The Voluntary Risk Rule In The Civil Code

The adoption of the Civil Code of the People's Republic of China(hereinafter referred to as the Civil Code)on May 28,2020 means the arrival of a new era of protection of people's rights.Assumption of risk,which has been widely called into law,has also been officially entered into the code,making up for the lack of my country's long-term dependence on the absence of relevant laws.The establishment of assumption of risk in judicial practice can resolve disputes arising from daily life in society.Assumption of risk is not a brand new rule in my country.It has been applied in the field of sports,traffic accidents,and self-service tourism.However,Assumption of risk is not clearly defined,the court can only follow relevant principles and judicial cases.Judgments were made according to the specific circumstances,which led to the appearance of different judgments in the same case in the process of judicial application.At the same time,it is pointed out that before the promulgation of the "Civil Code",there existed the phenomenon of abusing the principle of fair liability and the mixed application of the rule of negligence.This paper argues that after the promulgation of the Civil Code,assumption of risk should be applied as a standalone absolution from liability,and it should be applied alternatively with the principles of fairness and the negligence rule cannot be applied in combination.At present,my country's "Civil Code" should clarify suggestions on the scope of application of self-inflicted risks,affirm the validity of exemption agreements,clarify that minors can apply assumption of risk,and the responsibilities of sports organizers.