Identity Of Assumption Of Risk

Assumption of risk principle is an ancient one which implies that the plaintiff, acquainting with the conditions of risks, takes the initiative to undertake the take possible consequences caused by the behaviors of defendant to achieve the exemption of the results of tort liability. There are no statutes about this principle in China, but it is referred frequently in judicial practice. After reading some related cases, I found the result is different from each other by quoting assumption of risk principle in judicial practice. China holds written law and don’t admit the judge to make laws. So without any rules, judge was beyond his right by using such principle. Always because there’s no setting in the law, the definition varies from one to one, leading to chaos of judicial. Some judge decided the defendant gave some compensation to the plaintiff by using assumption of risk. It goes against the origin of such principle. Assumption of risk is a kind of completely exempted demurrer. Therefore we must make sure the definition of assumption of risk. In view of this case, this paper, based on the relevant legislation of foreign countries, attempts to make a thorough explanation about this principle. Part Ⅰ mainly discuss the concept origin and the changes and development of laws in other nations of assumption of risk principle. Part Ⅱ makes the difference between it and other confusing concepts, and mainly on the difference between assumption of risk and the consent of victims. PartⅢ analyzes the range and conditions of application of this principle. PartIV specifically analyze the application of assumption of risk in outdoor adventure. Finally, some suggestions are proposed by the author.