Research On The Judicial Application Of The Self-conditioning Risk Rule In My Country’s Civil Code

From January 1,2021,the "Civil Code of the People’s Republic of China" was officially put into effect,and the content of tort liability law such as the self-willing risk rule was added to the tort liability compilation system.There are some parts that need to be further refined,such as the application of the voluntary risk rule for minors,the determination of gross negligence in the exclusion of matters,and the specific scope of cultural and sports activities.This article is mainly divided into six parts,which are the introduction,the basic overview of the risk rule,the legislative evolution of the risk rule in our country,the analysis of relevant judicial practice problems,the solution to the problem,the risk rule and other tort liability laws.distinction.Among them,the fourth and fifth chapters are the main content.The corresponding problems in judicial practice described in Chapter 4 are limited by the implementation of the Civil Code.The problems before the implementation of the Civil Code are mainly the unclear scope of application and confusion with other rules of tort liability law.The main problems that exist are the scope of cultural and sports activities,the application of the juvenile self-willing risk rule,the determination of gross negligence in exclusionary reasons,and the problem of the scope of victims.The fifth chapter mainly describes the solution to the relevant problems after the implementation of the Civil Code,and the sixth chapter describes the distinction from other tort liability laws.The innovation of the article lies first in the use of a large number of judicial adjudication cases to elicit and narrate related issues,and secondly in the use of different legal interpretation methods to explain the self-willing risk rules,such as textual interpretation,purpose interpretation,system interpretation,etc.,and how to deal with minors.Appropriate application of voluntary risk rules and the specific identification of gross negligence in voluntary risk rules should be explored accordingly.