Analysis Of The Legal Application Of Self-willing Risk In The Civil Code

Article 1176 of the "Civil Code" establishes for the first time that willingness to risk is an exemption from liability,which is an important tool to maintain the balance between the perpetrator's freedom of behavior and the protection of the rights and interests of the victim.The practical significance of its establishment,on the one hand,solves the phenomenon of unreliable and different judgments in the same case in the past,and on the other hand makes the participants of cultural and sports activities responsible for their own behavior,so that the distribution of responsibilities is more equitable.Regarding the risk of self-willingness,our country has accumulated a certain theoretical basis and judicial practice experience before this.The promulgation of the "Civil Code" provides a new normative basis for the application of self-willing risks,which not only further improves the civil law system,but also improves the efficiency of handling judicial cases.Therefore,it is necessary to take the provisions of the Civil Code as a starting point,and systematically sort out the existing achievements and experiences,so as to realize the connection with the new provisions of the Civil Code.At the same time,the second paragraph of Article 1176 of the "Civil Code" stipulates: "The responsibilities of the event organizer shall be governed by the provisions of Articles 1198 to 1201 of this Law.This paragraph is also a new provision of the Civil Code,which makes different provisions and clear distinctions on the tort liability of the participants and organizers of cultural and sports activities.Therefore,this article starts with specific cases,and discusses the connotation,types and constituent elements of self-willing risks.Through analysis,it is clarified that if other participants' harmful behaviors are subjectively intentional or grossly negligent,they need to be liable when they meet the applicable conditions of self-willing risk;otherwise,they do not need to bear tort liability.With the consent of the victim,the relationship between the principle of negligence and negligence cannot be mixed with the principles of fair liability.As for the damages of the event organizer,it should be distinguished whether it has fulfilled its safety and security obligations to determine the attribution of responsibility,and finally combined with " Finally,combined with the new provisions on voluntary risk in the civil code and the experience of past cases,this paper puts forward some suggestions on the application of voluntary risk rules in China.