Author(s)

Yuchen Liu ¹, Haoyue Yang ¹, Siqi Zhang ¹, Beiyu Mao ¹

Affiliation(s)

¹ China University of Political Science and Law, Changping District, Beijing, China

Corresponding Author

Beiyu Mao

ABSTRACT

Prior to the promulgation of the Civil Code, there was no formal legal provision on tort cases in cultural and sports activities, and this legal gap has led to the lack of a unified judgement standard in judicial practice, which has triggered in-depth discussions on related issues in the academic community. Among them, the "the Assumption of Risk doctrine", as an independent cause of liability exemption in tort law, is the focus of the discussion. The Civil Code has newly established the Assumption of Risk doctrine. The author has preliminarily identified some issues in the judicial application of this doctrine through the analysis of 209 relevant cases, which primarily manifest in the expansion of its scope, inconsistent application of liability principles, and vague standards for intentional acts and gross negligence. Based on these findings, in order to enhance the precision of this system's adjustment function, the author proposes to restate the elements of the Assumption of Risk and attempts to clarify the responsibilities and liabilities of organizers under such circumstances, as well as the effectiveness of exemption clauses.

KEYWORDS

Assumption of Risk, Cultural and Sports Activities, Participant Liability, Liability Exemption Clauses

CITE THIS PAPER

Yuchen Liu, Haoyue Yang, Siqi Zhang, Beiyu Mao, An Empirical Examination of the Judicial Application of the 'Assumption of Risk' Doctrine in the Civil Code. Science of Law Journal (2024) Vol. 3: 157-163. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030419.

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