Open AccessOn the Application of Assumption of Risk Regulations in China
Author(s) -
Lingling Chen,
Zhu Tao
Publication year - 2022
Publication title -
international journal of education and humanities
Language(s) - English
Resource type - Journals
ISSN - 2770-6702
DOI - 10.54097/ijeh.v2i2.275
Subject(s) - recreation , china , psychology , cognition , code (set theory) , law , actuarial science , social psychology , political science , business , computer science , neuroscience , programming language , set (abstract data type)
The assumption of risk regulations is a new defense of exemption in the civil code in China. By analyzing the civil judgment documents related to the assumption of risk after the implementation of the civil code, it is found that the court has different understanding of the recreational and sports activities with certain risks, there are differences in the judgment of the participant's cognitive activity risk, and there are disputes over the determination of the offender's no intention or gross negligence, which destroys the unity of judicial application. Therefore, it is advisable to unify the limited contents of recreational and sports activities with certain risks, identify the judgment factors of the participant's cognitive activity risk, and criteria for determining that the participant has no intention or gross negligence, so as to promote the unity of judicial judgment.