Study On The Application Of Self-Acceptance Risk Rule

In the general theory of civil law in China,there is no such term as "self-acceptance of risk",and the rule of self-acceptance of risk is imported.Self-acceptance of risk is derived from D.47,10,1,5 "Volenti non fit iniuria",which means agreeing not to Sue for illegal abuse.The strong sports culture of ancient Rome brought up the risk of self-acceptance.The risk of self-acceptance stimulated people’s sports enthusiasm and fighting spirit because of the illegality of eliminating sports injury.Before the promulgation of the civil Code,the rule of self-acceptance of risk was only limited to theoretical research and did not rise to the legal level.It is officially stipulated in Article 1176 of the Civil Code,which will come into effect on January 1,2021.It provides more effective and detailed theoretical and legal guidance for judicial application in China,and helps to save judicial resources,improve judicial efficiency and realize judicial justice.However,due to the lack of legislation,the research on the rule of self-acceptance of risk only stays on paper and has not been implemented into judicial practice,and there is no unified theoretical guidance in practice.First of all,China does not have the classification of intentional and negligent torts similar to Anglo-American law,so self-acceptance of risk can be applied to all areas of tort law.Secondly,although there is a legal relationship between comparative negligence and self-acceptance of risk,compared with comparative negligence,self-acceptance of risk has one more subjective requirement:sufficient understanding of risk;Thirdly,the extension of self-acceptance risk is greater than victim consent.Journal of Gansu University of Political Science and Law,2021（01）:128-143.This paper hopes to combine these conclusions with local practice,and try to form the interpretation and application of the self-acceptance of risk rules in China’s civil Code.Yang Lixin,She Mengqing,Journal of Henan University of Economics and Law,2020 it must also be applied in strict accordance with Article 1,176 of the Civil Code.In the interpretation of this article,a strict attitude should be adopted to avoid confusion with other similar provisions in the Civil Code of Tort Liability,value orientation and interest measurement should be considered,and strict application in accordance with the law.