Study On The Legal Application Of The Self-risk Rule In The Civil Code

Article 1176 of the Civil Code incorporated the voluntary risk rule into the tort liability law system,and officially established the voluntary risk rule as a disclaimer,which is of far-reaching significance.This paper will study the legal application of the self-risk rule from three aspects.The first chapter chooses four judicial cases that apply the self-risk rule as the research object,and selects "other participants",activity organizers and minors as the three subjects.Firstly,it introduces the case situation briefly.Secondly,by analyzing the reasons for applying the self-risk rule and the emphasis of the court in hearing the case,it finally extracts the dispute focus in the case.The second chapter analyzes in detail the constitutive elements of the self-willing risk rule,which are as follows: the objective existence of risk in the legal sense;The victim was "aware" of the risk;The victim’s "voluntary" participation in the activity and the participant’s lack of willful or gross negligence for the occurrence of the injury.At the same time,the paper makes a jurisprudence analysis of the specific application of the three subjects of "other participants",activity organizers and minors.Since the self-risk rule is a disclaimer,the subject’s responsibility is also the focus of the analysis in the second part.The third chapter,based on the jurisprudential analysis,draws inspiration from the case study and suggestions for improvement,and finds inspiration from the four cases respectively in the form of total points,and then forms some views of this paper.At the same time,through the previous analysis of the scope of application and constituent elements of the self-accepting risk rule,so as to better apply the self-accepting risk rule to judicial practice.