A Judicial Practice Study On The Rule Of Voluntary Assumption Of Risk In Tort Liabilit

With the increasing development of my country’s productive forces and the gradual improvement of material living standards,people tend to pursue challenges and stimulation spiritually due to the satisfaction of material conditions,which leads to an endless stream of tort incidents related to self-willing risks,and the types of cases are diverse.A total of more than 1,400 cases were retrieved through the Alpha legal intelligent operating system using "self-willing risk" as the keyword and limited to civil cases,and more than 400 cases were limited to infringement cases.However,because there is no specific provision about this rule before(before the official implementation of the Civil Code),there has been controversy over the practical application.Although the self-willing risk rule has entered the Civil Code,it needs a period of time to run in with other institutional rules.Starting from judicial practice,this paper explores the scope of self-willing risk activities,the characterization of self-willing risk rules,the determination of relevant factors in self-willing risk rules,and how to connect self-willing risk rules and related rules.The main content of the first chapter is an overview of the self-willing risk rule,which introduces the historical evolution and development of the rule,as well as the relevant provisions of the self-willing risk rule in other countries.The theoretical basis of this rule and the discrimination between it and related rules are explored.The main content of the second chapter is the status quo of judicial practice of the self-willing risk rule.It organizes,analyzes and summarizes a large number of cases,and summarizes which fields the rule applies to in practice and how the responsibilities are divided after the rule is applied.The third chapter finds out the problems existing in the application of the self-willing risk rule by analyzing the selected cases,such as the inconsistent understanding of the rule,the vague identification of applicable factors,and the confusion of responsibility distribution caused by the mixed use of the relevant rules.The fourth chapter is to put forward corresponding improvement suggestions for the problems found in the third chapter,such as clarifying the nature of the self-willing risk rule,summarizing its application conditions,and clarifying the identification of relevant applicable factors.Propose how the self-willing risk rule and other rules can be well connected.Hope to contribute to the sound development of the tort liability field.