| As a disclaimer of exemption that has a long history overseas,self-risk is also often used to settle disputes in civil judicial practice of dispute resolution in modern times.After the promulgation of the Civil Code,Article 1176 confirms the self-willingness to risk rule in the form of explicit legal provisions.However,by comparing the specific content of the rule with the self-willingness to risk in the sense of traditional civil law,it can be found that the two are not equivalent,but have differences in the applicable subject and field.Therefore,selfwillingness to risk referred to in the provisions of the Code is regarded as the localization of the rule in China.Although the localization rule is more consistent with the reality of our national conditions,the theory and practice circles have many disputes over the localization of the self-risk rule due to the fuzziness of the provisions.As the main application area of localized risk taking in sports activities,it is of great significance to study the existing problems of risk taking rules in this area to promote the understanding and application of rules.Therefore,in order to further improve the theoretical basis of the self-risk rule,clarify the scenarios in which the rule is applied in sports activities,and alleviate the dilemma of liability allocation for sports injuries in the application of judicial practice,This paper will analyze the reasons and significance of the study,the localization of the self-accepting risk rule in China,the components of the rule,its application in sports activities,and the understanding and application of similar rules,and put forward my own suggestions on how to further improve the rule and better apply it in sports activities. |
