Rules For Identifying Voluntary Risk In Sports Activitie

Since the emergence of the voluntary assumption of risk system,different countries in different historical periods have experienced different directions of development in terms of their scope of application,constituent elements,and legal effects.China’s voluntary assumption of risk system is a process of legal transplantation from scratch,which has undergone more than ten years of research and discussion at the legislative level and was finally established as an independent legal excuse in Article 1176 of the Civil Code.However,there has always been controversy in the academic community regarding this system.Some scholars believe that this system should be separately established in the Civil Code,while others question its independence.Moreover,even scholars who advocate for its inclusion in the Civil Code have different views on its constituent elements.Therefore,in-depth research on this system will help better apply the Civil Code to judicial practice.The basic content of the voluntary assumption of risk rule is that when a person chooses to participate in an activity with a certain level of danger,they cannot request compensation from others for the harm caused by the danger.The constituent elements of applying the voluntary assumption of risk rule in the field of sports activities can be divided into subjective and objective aspects.The main content is that the risk is an inherent risk specific to sports activities,the victim’s attitude towards the risk needs to be known and willing to participate in dangerous activities,and the person responsible for the behavior does not act intentionally or with gross negligence.In the theory of voluntary assumption of risk,inherent risk and duty of care are two important concepts.Inherent risk differs from the risks that a generally rational person would encounter in daily life,as it is a special risk that exists in the activity itself.If the victim voluntarily participates in a sports activity,knowing the inherent risk,and the harm caused by the inherent risk,in the absence of the person responsible for the behavior acting intentionally or with gross negligence,the voluntary assumption of risk can be invoked as a defense.This article mainly studies the identification of the voluntary assumption of risk rule in the field of sports torts,and analyzes relevant cases.In order to better apply the voluntary assumption of risk rule to sports tort cases,this article first uses the basic content of the voluntary assumption of risk rule as an analytical basis to distinguish between the victim’s consent and fault,and explore the value of the voluntary assumption of risk rule.Then,focusing on the field of sports activity torts,this article clarifies the constituent elements of applying the voluntary assumption of risk rule for individuals in different types of sports activities,identifies the scope and recognition criteria of inherent risk in different types of sports activities,clarifies the transformation of risk into objective harm,and clarifies the influence of individual subjective factors on the rule.Finally,this article emphasizes the determination of the responsibility allocation of the parties when applying the rule,the perspective transformation of the organizer’s security obligations in different sports activities,and the system connection between the voluntary assumption of risk rule and the competition of fault.