Assumption of risk is first stipulated in Civil Code in China's legal system.Assumption of risk,a complete exemption excuse,its application must be restricted to protect the rights and interests of victims.Therefore,in Article 1176 of Civil Code,its scope of application is limited to"cultural and sports activities with certain risks".Since there is no fixed standard for the identification of key words such as"voluntary participation","certain risk"and"intentional or gross negligence"stipulated in this article,the applicable conditions of the assumption of risk are not clear.With the revision of Sports Law,the national strategy of implementing national fitness has been writ-ten into the law.On this basis,this paper aims to explain the key words in Article 1176 by the legal method of teleo-logical interpretation,and provide a universal judgment standard for the application of the assumption of risk.
关键词
《民法典》/自甘风险/全民健身/目的解释
Key words
Civil Code/assumption of risk/national fitness/teleological interpretation
维普
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