Research On The Improvement Of Seif-willing Risk Rule In Chinese Civil Code

As a new exemption in the tort liability part of the Civil Code,the self-willing risk rule provides a clear legal basis for the allocation of liability when a civil entity is harmed by the actions of others due to voluntary participation in cultural and sports activities with certain risks,and at the same time responds to the hot spots of people’s livelihood,which not only fills the legal gap,but also responds to the practical requirements for implementing a strong sporting nation in the "Outline of Building a Strong Sporting Nation".The establishment of self-willing risk rule clarifies the legal responsibilities of both parties in cultural and sports activities,but also clarifies the responsibilities of the organizers of the activities,so as to ensure the healthy and orderly development of various cultural and sports activities.Clarifying the application boundary of similar rules such as the self-willing risk rule and the principle of fairness,and the victim’s consent and the offsetting fault can effectively solve the problem of abuse of the principle of fairness and confusion between the application of the self-willing risk rule and the offsetting fault,and truly realizes the original legislative intention of fully respecting the freedom of conduct and balancing the interests of all parties.Starting from the legislative background of the establishment of the self-willing risk rule in the Civil Code,and from the perspective of legal interpretation,analyzes the interpretation of the self-willing risk clause,and turns abstraction into concrete through the analysis of the current situation of judicial application in order to explore the impact of the selfwilling risk rule in the context of cultural and sports activities.And firstly,by elaborating the jurisprudential basis of the self-willing risk rule analyzes the meaning,constituent elements and scope of application of the self-willing risk rule,and clarifies its boundary with similar rules such as victim’s consent,fairness principle,and the offsetting fault.Secondly,studying the constituent elements and scope of application of the selfwilling risk rule.Thirdly,the shortcomings of the legislative and judicial application of the self-willing risk legislation are repeatedly drawn through both legislative and judicial aspects.Fourthly,studying foreign legislative experience in self-willing risk rule through comparative law.Finally,practical suggestions for improvement are put forward in view of the lack of legislation and the problems existing in judicial practice,so as to promote the legislative optimization and judicial progress of relevant rules,and give full and effective play to the legislative value of the selfwilling risk rules of Chinese Civil Code.