The Dilemma and Solution of the Application of the Assumption of Risk Rule of the Civil Code in School Recreational or Sports Activities—A Positive Analysis Based on the Judicial Judgment Documents
The Civil Code of the People's Republic of China(hereinafter referred to as the Civil Code)stipulated the assumption of risk rule for the first time,and realized Chinese-style scien-tific legislation in promoting social civilization,encouraging the development of the cultural and sports industry,and reasonably distributing the resulting responsibilities.However,there are some dilemmas and problems in the application of four applicable elements(subject element,subjective element,objective element,and negative element)of the assumption of rule in the case of injury accidents caused by recreational or sport activities carried out in schools.There-fore,it is necessary to conduct a type discussion on the judicial practice related to the assump-tion of risk rule which takes place in the school,and using the theory of interpretation to figure out the reasonable answers which are in line with the original legislative intention and the inter-ests of all parties as reasonable as possible.In addition,school should fulfill the security obliga-tions in line with the Civil Code,do a good job of evidence gathering and saving,and the multi-ple damage allocation mechanism with insurance as the core should be improved.
assumption of riskthe Civil Codeorganizer's responsibilitysecurity obligationfoulfoul intent
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