Research On The Self-Consensus Risk In Sports Tort

In recent years,with the development of the times and social progress,people’s love for sports has been unprecedentedly high,and both themselves and as spectators have great enthusiasm for participating.However,due to the risks involved in sports,it is difficult to avoid damage to participants or spectators.Before the promulgation of the self-contained risk regulations,courts had different judgments on sports damages,and could not reach a unified understanding,principles,and judgments on self-contained risks,which had a certain adverse effect on judicial authority.Self-contained risk has gone through a long process from scratch in our country.During this period,academic circles and judicial practice have always had a high voice for self-contained risk legislation,and now it is finally waiting for the express provisions of the law.The emergence of self-contained risks,on the one hand,encourages people to participate in dangerous cultural and sports activities,on the other hand,it helps to protect people’s freedom of behavior.Although there are legal provisions for self-contained risks,how to understand and apply the legal provisions,how to avoid damage and how to obtain relief after damage occurs,are still issues that need to be resolved urgently,which are also the main content of the study throughout this article.Before the self-contained risk has no relevant regulations,the academic circles mainly researched and explored the legislative level of self-contained risk.As the "Civil Code" has not been implemented for a long time,and relevant judicial interpretations have not yet been issued,there are relatively few studies on the interpretation of self-contained risks in academic circles.This article first starts with the definition of self-contained risk in sports,then compares and analyzes the judicial status of self-contained risk and raises questions.Then it sorts out and explains its scope of application and constituent elements,and finally puts forward suggestions for improvement.Future judicial practice provides some references.The full text is divided into four parts:The first part is the definition of self-contained risk in sports infringement.First,start with the concept of self-willing risk,and then use this as a starting point to discuss the types of self-willing risks,and the similar concepts of victim consent and negligence,and finally discuss the historical evolution of self-willing risks and the legislative process in my country Explain.The second part is the application status of self-contained risk in sports tort.First,we will introduce and analyze two typical cases.These two cases are the first judicial judgments before and after the implementation of the Civil Code,and they are both representative.Next,a comparative analysis of a large number of similar cases in judicial practice,and finally found that the court’s judgment results are very different,which leads to problems,and further illustrates that the court’s judgments are chaotic before the implementation of the risk,which is important for future judicial practice.Play a certain warning role.The third part is the determination of self-contained risk in sports infringement.Mainly discuss in detail from the constituent elements and scope of application of self-contained risk.Regarding the constituent elements of self-contained risk,this article mainly defines it from four aspects,namely:1.The victim is aware of the risk;2.The victim voluntarily participates in the risk;3.The damage suffered is the inherent risk of cultural and sports activities;4.Other participants No intention or gross negligence.Regarding the scope of application of self-willing risks,this article discusses in detail the scope of self-willing risk cultural and sports activities,the scope that should be excluded,the scope of application of special circumstances that are more controversial,and the scope of damage due to the actions of other participants.The academic circles and judicial practice have a great controversy over the scope of application of self-contained risks.Therefore,the author summarized the various aspects that may be involved and put forward his own views.The fourth part is the improvement of self-contained risk rules.First,clarify the scope of application of self-contained risks from the judicial interpretation and judge interpretation;secondly,increase the participant’s duty of care,that is,the duty of care to oneself and the duty of care to others;and then enhance the safety guarantee duty of the event organizer,such as risk Obligation of notification,strict performance of agreed obligations and statutory obligations;finally improve the sports insurance and social security systems.