Research On The Legal Liability Under The Rule Of Adventurethe

Self-risk-taking means that the victim is aware of the potential risk and voluntarily participates in the act,so as to bear the risk and the consequences of the damage.The promulgation of Article 1176 of the Civil Code of the People’s Republic of China fills the legal gap in the area of self-willingness,establishes relevant rules,and effectively solves the situation of confusion in judgments.However,in practice,due to the lack of clarity and detail in the provisions of the self-willing risk-taking rule,there has been a great controversy in the determination of legal liability and the sharing of responsibility.This paper first uses the case analysis method to analyze the adjudication practice after the implementation of the Civil Code,clarify the subject of legal liability,and summarize the focus issues of legal liability.Using the inductive summary method,on the basis of combining basic theoretical and practical issues,the legal issues of the subject of responsibility in the self-willing risk rule are specifically analyzed,and corresponding views and conclusions are put forward.This article will discuss the following four parts:The first part combines judicial practice to summarize the legal liability subjects involved in the self-willing risk-taking rule as victims,other participants and event organizers,and extracts the unclear standards for determining the responsibility of three legal subjects and the dispute over the way of assuming responsibility.The second part focuses on the legal liability of victims under the self-willing risk rule,analyzes the specific content of the victim’s self-willing risk and the way in which the victim bears responsibility,and affirms the reasonableness of the self-willing risk responsibility by comparing it with the fault offset.The third part examines the liability of other participants to whom the rule of self-resignation applies.In terms of liability determination,the subjective and objective criteria of intentional or gross negligence of other participants are explored,and the methods of liability of other participants are clarified through the analysis of the rules for assuming responsibility of other participants.The fourth part examines the responsibilities of event organizers in the self-risk-taking rule.Analyze the content of the liability determination and determine the relevant liability standards,clarify the liability under general circumstances,and focus on the dilemma of the legal liability of the event organizer when other participants are willing to take the risk of exemption,and conclude that absolute negligence should be applied as the way out.