Brief Analysis Of The Assumption Of Risk On The Tort Law

As the old tort defenses, the concept of assumption of risk is that plaintiff knows some risks existing, but plaintiff still agrees to bear the possible consequences caused by the defendant initiatively in order to waive or reduce the effect on fault of the defendant, Chinese laws do not expressly provide them, but assumption of risk has frequently been cited in judicial practice. Because of the absence of statute, the judge's discretion is inevitable, which results in "a different verdict with the similar types of cases," the phenomenon with large numbers cases has seriously affected the judicial authority. This paper analyzes the detailed contents about the basic content of assumption of risk , the constituent elements of assumption of risk, types of assumption of risk, assumption of risk in the foreign legislation and judicial practice, assumption of risk and related defenses, assumption of risk in different types of infringement application and regulation, the necessity and feasibility to establish assumption of risk and other related legal issues in order to conduct in-depth and comprehensive inquiry, based on the analysis and inquiry, finally this paper recommends to set the assumption of risk including not responsible for and mitigate the responsibility on the legislative level.