On the Application and Limitation of the Self-willing Risk Rule in Competitive Sports
China's Civil Code formally established the self-willing risk rule for the first time,but not all risks that occur in the process of competitive sports can be defended by applying the self-willing risk rule.The application of the self-willing risk rule has relatively strict restrictions;it can only be applied to cases where participation in a cultural and sports activity is"voluntary,"and harm is caused by the"inherent risk"of the activity.The precludence of applying the self-willing risk rule is that the perpetrator was intentionally or grossly negligent in the occurrence of the damage.The distinction between general negligence and gross negligence depends on the degree of violation of the rule by the perpetrator and the level of his duty of care.If the perpetrator's behavior is for the purpose of venting anger,provocation,and other intentions,or if the perpetrator is injured to a large extent by violating the rules,he cannot be exempted from tort liability or even criminal liability.However,it is important to note the boundary of criminal law involvement in competitive sports activities,it needs to be premised that the perpetrator seriously violates the rules of sports,causes significant damage to life,health and physical safety,and still cannot obtain effective remedies through industry autonomy and other means.
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