Study On The Application Of Self-indulgent Risk Rule In Campus Sports Activities

The Civil Code of People’s Republic of China(PRC)formally established the independent status of the self-indulgent risk rule,which is of great value in code of conduct and judgment.This legal rule has a far-reaching development history,which originated in the field of employment relations in western society,and then gradually developed into the field of infringement.At present,due to the prosperity of the theory of negligence,it has been gradually diluted out of the judicial practice in western countries,while China has made a unique way to clarify the status of this rule as an independent exemption.Although China has not established the self-indulgent risk rule in the form of legal provisions before,it is often applied to medical disputes,good intentions sharing and other fields.Due to the lack of clear legal provisions at that time,there were different applicable standards.The formal promulgation of the self-indulgent risk rule will help to reduce the occurrence of judicial judgment chaos and promote the development of sports in China,and at the same time,it can better improve and innovate the tort liability system of the Civil Code.Since the official implementation of the Civil Code,the vitality of this rule has become more and more obvious.It is widely used in cultural and sports activities,including campus sports activities.However,due to the special campus sports activities,there are some problems in the application of this rule,including the unclear subject and conditions of application,and the confusion with similar rules.Therefore,in order to better solve the above problems,it is necessary to study the specific application of the self-indulgent risk rule in campus sports activities.This paper starts with the concept and types of self-indulgent risk rule,and gradually goes deep into the field of campus sports to explore its application dilemma in campus sports activities.On the basis of foreign mature experience and analysis of China’s theoretical research results,this paper puts forward the solutions to the above problems.In addition to the introduction and conclusion,this paper consists of five parts,as follows:The first part takes typical cases as the breakthrough point,and points out the common controversial issues in such cases through combing the case.It is mainly manifested in the subject suitability of underage students,whether the injured students know the risks and whether the harm to the students is intentional or gross negligence.Then,according to the judgment and reasoning content of the case,it explores the reason and rationality of applying the self-indulgent risk rule in this case.The second part discusses the concept and theoretical basis of the self-indulgent risk rule.The risk-taking rule means that the victim voluntarily participates in a sport knowing that it may be damaged by the actions of other participants,and the consequences will be borne by himself,unless the other participants are intentional or grossly negligent.According to the consent form of the risk-taker,self-indulgent risks can be divided into explicit and implied self-indulgent risks.There are some similarities between the self-indulgent risk rule and the rules of fair liability,negligence offset and victim consent.In order to make these rules apply correctly in the case,it is necessary to deeply analyze their concepts.The self-indulgent risk rule has a profound theoretical basis,mainly the theory of social justice distribution and the theory of autonomy of will.The third part discusses in detail the application of the self-indulgent risk rule in campus sports activities.Firstly,it analyzes the conditions for campus sports activities to apply the self-indulgent risk rule,that is,campus sports activities have certain risks,the injured students know that the activities are risky and voluntarily participate,and the students are not intentionally or grossly negligent;Secondly,it explores the specific scope of application of the self-indulgent risk rule in campus sports activities,mainly focusing on physical education teaching,physical education testing and students’ spontaneous sports activities.The fourth part summarizes the problems existing in the judicial practice of campus sports on the basis of studying a large number of campus sports injury disputes.Based on the present situation,it is found that the applicable subject and conditions of this rule are not clear.In judicial practice,there are often cases where the self-indulgent risk rule is confused with the fair loss sharing rule and the negligence offset rule.The fifth part puts forward some suggestions for the above problems.First,to optimize the identification of the applicable subject,we should judge whether the self-indulgent risk rule can be applied to underage students in combination with specific cases.Secondly,it is necessary to clarify the conditions for applying the self-indulgent risk rule to campus sports activities,that is,to judge whether students are "aware of risks" according to their physical and mental development;Clarify the standard of "intentional or gross negligence";Accurately understand the meaning of "being harmed by the actions of other participants".Thirdly,in the trial of campus sports injury disputes,we should distinguish the specific application of the self-indulgent risk rule from the fair sharing of losses and the negligence offset rule to ensure the independent application of the self-indulgent risk rule.