The Legal Application Of Self-contained Risk Rules Research

The development of the self-indulgent risk rule is different in various countries in the world,so its scope of application,constituent elements and legal effects are also different.After years of codification,China’s Civil Code introduces the self-allowing risk rule as an independent exemption from liability into Article 1176.However,there is still a great controversy in the academic community about the rule,and the controversy mainly revolves around three issues: first,some scholars still have doubts about the necessity of incorporating the self-willing risk rule into the Civil Code;second,whether the self-willing risk rule is independent;third,the constituent elements of the self-willing risk need to be clarified.In the theoretical community,there are also differences in the research of scholars on the constituent elements of the self-willing risk rule,so further research is necessary for the application of the Civil Code in judicial practice.Since the time of the rule as an independent exemption is relatively short,the development is not mature,and the relevant supporting facilities are not perfect,so in the process of application,judges will have problems such as excessive expansion or reduction of the scope of subjects or different judgments in the same case,in order to solve the above problems,this article first starts from the specific cases of applying the self-willing risk rule,and sorts out and analyzes the problems existing in judicial practice.Secondly,the concept and constituent elements of the self-willing risk rule are analyzed and compared with specific judicial practices,laying the foundation for the subsequent discussion of "whether the connotation of the constituent elements can be extended".Third,the self-willing risk rules are compared with similar principles such as the consent of the victims,and their specific scope of application is clarified and distinguished,paving the way for the subsequent definition of the application areas of the self-willing risk rules.Finally,the specific provisions of the Civil Code are integrated with the experience in judicial practice,and some suggestions are put forward for the application of this rule in judicial practice in the future.Based on the above analysis,in order to apply the rule more scientifically in specific judicial practice and promote its benign development,first of all,it should be made clear that the "risk" in the rule belongs to the inherent risk of cultural and sports activities to prevent the abuse of the rule;secondly,persons with incomplete civil capacity can also apply the self-willing risk rule and measure it according to their own cognitive ability and the specific activities they participate in the trial of the case;third,expand the scope of "victims" in the rules and join the bystanders,referees and other subjects who enter the competition venue;and finally Strictly limit the rules of self-willing risk to the field of cultural and sports activities,protect the legitimate rights and interests of those involved in activities,and prevent frequent abuses in judicial practice,thereby enhancing judicial credibility.