The Study Of Self-Risk Rule

For the first time,the Civil Code has established self-acceptance risk as a cause of exemption,and the corresponding article is Article 1,176.It is undoubtedly progressive and unique in equity,and is an important tool to regulate the freedom of participants and the rights of the infringed party in "recreational activities with certain risks".According to the meaning of the text,self-acceptance risk is applicable in the field of recreational activities and physical activity.If the aggrieved party still chooses to participate in the activities without knowing it,and finally suffers the damage caused by the inherent risk of the activities,it is deemed to meet the constitutive requirements of self-acceptance risk,and exempt the infringer or organizer from liability.However,the current relevant provisions in China are not specific and detailed,and the applicable fields are relatively extensive,and are often confused with similar principles such as fair liability,resulting in a phenomenon that the different judgments for the same or similar cases.Therefore,it is imminent to continue to analysis and optimize the content of the self-acceptance risk on the basis of the legal provisions.This paper selects two cases with prominent disputes and extensive concerns-the Silver Marathon case and the Walking Dog On The Ice case,and uses the research method of case entry and analysis to draw out the only two focus of controversy in this paper: first,the concrete category of recreational activities,and second,the constituent elements of the self-acceptance risk.As the main research content,the concept,scope Constituent elements.On this basis,it analyzes the special application situation in specific cases,and compares and links with similar rules to clarify the specific content and scope of self-acceptance risk.Taking the release of the Civil Code as an opportunity,based on the existing academic research results and the selected cases,this paper discusses the above problems in the overall position of the tort liability and the arrange of the self-acceptance risk.It can not only fill up the legal system of our country,but also make suggestions for the frequent problems in judicial trials,which is also an essential part of the legal development path.