Research on the Logic of Assumption of Risk and Actor Liability in Mass Skiing—Based on Judicial Cases of Skiing Collisions from 2016 to 2020
Since the implementation of the"assumption of risk"provision in the Civil Code,there has been some controversy in the judicial trial of skiing accidents.By analyzing the principle of self-induced risk and its application in international skiing sports,as well as the characteristics of judicial cases of mass skiing collisions in China from 2016 to 2020,it is found that the logic of self-induced risk is to reduce the possibility of risk realization by strengthening the responsibility of the perpetrator,but the principle of self-induced risk should not be applied to mass skiing collisions in China.It is proposed that the legislative background,purpose and definition of"assumption of risk"in China's Civil Code should be clarified;it is recognized that mass skiing is different from general sports and cultural activities;mass skiing collisions are more similar to"rear-end"accidents;mass skiers in China lack the cognitive basis of"assumption of risk";and the application of"assumption of risk"in skiing collisions is against the legislative intent.The aim is to enhance the participation of the public in sports by building a better legal and social environment,and to help the long-term development of ice and snow sports in China from the legal level.
skiingassumption of riskliability of actorscollisionsjudicial normsCivil Code
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