Research on Application of the Assumption of Risk Rule in China’s Civil Code
The Civil Code of China has added the voluntary risk rule in the tort liability section, making it a legal exemption in the field of tort liability law in China. This rule provides a new remedy for infringement relationships arising from risk events that people participate in on a daily basis. However, as a new provision, the voluntary risk rule still has shortcomings such as unclear scope of application and unclear determination of "intentional or gross negligence" in the requirements. Therefore, it is necessary to clarify the scope of cultural and sports activities in legislation, introduce sports rules in judicial decisions to distinguish between general and major negligence, coordinate the application of exemption reasons such as self risk and negligence offset, and fair liability.
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