Research On The Application Of Self-contained Risk Rules In Sports Activities

As an ancient defense,voluntary risk rule can be traced back to the western industrialization period,and it is only applicable to the field of industrial accidents.Later,with the advancement of the social process and the perfection of the legal system,it has been widely applied in the field of tort disputes and become an important principle.In the 20 th century,the theory of comparative negligence gradually rose,and the self-accepting risk rule was strongly impacted,its application scope was limited,and faced with the dilemma of disconnection between law and practice,and its independent value was questioned.Nevertheless,it did not affect its important role in sports,traffic accidents and other specific fields.In 2020,the Civil Code of the People’s Republic of China was officially adopted to introduce self-gan risk for the first time in the form of provisions,which effectively eliminated the embarrassment of "not being able to comply with" in the past practice and has practical significance.The article limits the scope of application of voluntary risk to the cultural and sports activities with risk,which can generally refer to the activities related to literature and style.But as we all know,compared with cultural activities,sports activities are inherently more risky,more likely to induce damage results,and have become the main ground for the application of rules.At the same time,the focus of academic research is also more inclined to physical activities,from which the theory has a lot of achievements.Therefore,this paper takes sports activities as the main perspective to explore the application of self-gratification risk in China.This paper consists of five parts,as follows: The first part of the introduction mainly introduces the background of the topic,literature review,research significance and so on;The second part mainly elaborates the definition and differentiation of the meaning,application scope,constituent elements and the similar concepts of self-gratification risk.Based on this,the basic theoretical framework of self-gratification risk is constructed,which highlights the independent value of the rule itself.Third part from the legislation and the judicial two aspects,to our country from the current situation of gansu rules of risk analysis,on the one hand,combed the since the legislative evolution of the risk,on the other hand in case introduction,analyzed the practice field applicable from different positions of the rules of risk,on this basis,further summarizes the deficiency of legal provisions and the prominent problems in the judicial referee,such as: the scope of the application of the minors,the organizers responsibility is not clear,different connection with the case such as sentenced to happen;The fourth part is the current situation of the application of extraterritorial self-compliancy risk,focusing on the comparison of the application of common law and civil law countries led by the United States and Germany,focusing on the theoretical differences between countries,thus drawing enlightenment for China,such as: reasonable limitation of the scope of application,the type of the applicable rules;The fifth part,on the basis of the foregoing,puts forward the concrete suggestions to improve the application of self-willing risk in sports activities.First of all,in the aspect of legislation,the first is to refine the scope of application of the rule of minors’ self-acceptance risk,and to include minors over the age of eight into the category of self-acceptance risk.The second is to clarify the responsibility of the event organizer,with a reasonable scope of security obligations for the boundary of responsibility.The third is to distinguish the specific types of self-gratification risk,such as explicit self-gratification risk and implicit self-gratification risk,and to exert the maximum value of the system by establishing explicit self-gratification risk.Secondly,in the judicial aspect,we should abandon the result-oriented judgment thinking,adhere to the independent application of rules,crack the strange phenomenon of "different judgments in the same case",and truly maintain the independent value of self-complying with risks.In order to effectively protect the legitimate rights and interests of the parties in sports activities,to realize the effective connection between theoretical research and judicial adjudication,and to build a more perfect legal system.