Research On Self-willed Risk Rules

Paragraph 1 of Article 1176 of the "Civil Code" adds a new reason for risk exemption,exempting participants from the tort liability for general negligence caused by inherent risks in cultural and sports activities,balancing the rights and interests of all parties,and reasonably allocating risks.The loosening of other organizers of cultural and sports activities is also to promote the more active,rational and healthy participation of the whole people in cultural and sports activities,and it is also to strengthen the construction of national quality and cultural and sports undertakings,so as to avoid the judgment of their freedom,enthusiasm,Developmental inappropriate inhibition.On the subject of self-willing risk,the risk prediction ability of "participants" should be limited by "correspondence" rather than "completeness"."Participants" shall include live audiences,and audiences are limited by subjective intent and status."Other participants" should not be expanded to be interpreted,but should be limited to people in the same activity,where "identical" emphasizes the same composition of activities rather than the same category,and the way of participation should not include temporary participation.In terms of the scope of application,"certain risk" should be limited to the participation behavior of the participants,excluding teaching,training and simulation in terms of content,but also avoiding a narrow understanding of time and space."Cultural and sports activities" should be limited to organized physical activities with clear rules for activities,which are generally recognized by the society but not limited to officially recognized physical activities for the purpose of strengthening the body,fitness,entertainment,leisure,socializing,etc.In terms of applicable conditions,"voluntary" should be interpreted as "freedom" in the element of will and "informed" in the element of cognition.The criterion for "freedom" should be "not subject to sufficient external pressure",and external pressure is limited by the subject,degree and conditions.The criterion for "knowing" should be "knowing or should have known",and the knowledge is limited by the degree,scope and content.In terms of legal consequences,the performance of other participants’ duty of care should be limited to the scope of "inherent risk" in content,and should be limited to "reasonableness" in evaluation.Breach of the duty of care by other participants should be judged based on the degree of "seriousness" and based on the rules of the activity,taking into account the nature of the activity,the situation of the activity,the reasonable expectations of the participants,and the general expectations of society.