Study On The Application Of Assumption Of Risk Rule

The risk of self-inflicted rule originated from Roman law and was first applied by courts in common law countries to cases of industrial accidents,and later applied in civil law countries to cases of tort compensation in sports activities.Article 1176 of Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")for the first time in legislation,it is clear that the self-inflicted risk rule is the way to exempt the liability for disputes as a statutory exclusion.The self-inflicted risk rule is tenacious and has different roles in different contexts.Despite certain shortcomings,it still has room for application,with individualism as the theoretical cornerstone and distributive justice as the legal regulation,the self-inflicted risk rule reflects the assumption of one’s own choice and risk results,and the law minimizes the intervention of individuals when they take up the consequences of their own actions,instead of transferring the responsibility to others or society as a whole.It is an effective mechanism for enriching people’s needs at the spiritual level,recognizing socially appropriate risks,and providing protection for disputes over rights and interests.The inclusion of the rule of self-inflicted risk into the code further enriches the types of tort liability defenses and fills the gaps in the law.However,due to the conservative legislation of this rule in China,there are problems in the application of the self-inflicted risk rule beyond the scope of cultural and sports activities,beyond a certain risk range,mixed with other rules and unclear subject matter and subjective state.This article starts from the basic concept,theoretical basis,the necessity of existence and the identification with other rules,clarifies the boundary between this rule and other rules,shows the independence of its application.Through an in-depth interpretation of the constitutive elements of the rules of self-inflicted risk,the scope of applicable subjects and the scope of cultural and sports activities,and through an analysis of the problems that exist in the application of self-inflicted risk in judicial practice.we further suggest that create the scope of cultural and sports activities,limit certain risk standards,coordinate the application of self-inflicted risk with other rules,and optimize the application of subjects and their identification,so as to improve the precise application of selfinflicted risk rule and promote the healthy and orderly development.