Author(s)

Jintong Mu ¹, Zhengfeng Lu ¹

Affiliation(s)

¹ Dalian Ocean University, Dalian, Liaoning, 116023 China

Corresponding Author

Jintong Mu

ABSTRACT

In some cases, civil law and criminal law are not easy to distinguish the legal nature of voluntary risk-taking and negligent death. Although they have some common points, there are also obvious differences. Correct characterization is the basis of applicable law. On February 19, 2022, Wang's driving vehicle overturned unfortunately during the off-road rush, resulting in the injury of co-driver passenger Xu. When he was rushed to the hospital for rescue, Xu died unfortunately due to the ineffective rescue. This case occurred after the formal implementation of the "Civil Code of the People's Republic of China" (hereinafter referred to as the "Civil Code"). The "assumption of risk" rule that has always been a great voice in the law has also undergone multiple discussions by experts and scholars. Through this case, the article analyzes and explores the self-involvement risk in the' Civil Code' and the crime of negligent death in the criminal law, and qualitatively distinguishes the behavior of the two through the constituent elements of the two.

KEYWORDS

Slope cross-country, willing to risk, negligence caused death

CITE THIS PAPER

Jintong Mu, Zhengfeng Lu, The Distinction between the Risk of Self-giving in Civil Law and the Crime of Negligence Causing Death in Criminal Law—Taking the Case of Shenyang West Canyon Rushing Slope Off-road as an Example. Science of Law Journal (2023) Vol. 2: 36-41. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020406.

REFERENCES

[1] Guo Qian. Judicial determination of the crime of negligently causing death [D]. Nanchang University, 2021. 
[2] Yu Yizhou. Research on the legal application of the rule of assumption of risk in China [D]. Shanxi University of Finance and Economics, 2021. DOI: 10. 27283 / d. cnki. gsxcc. 2021. 000122. 
[3] Wang Zhen. Research on the coordinated application of the rules of civil and criminal risk-taking in sports from a cross-perspective-based on the thinking of Article 1176 of the Civil Code [J]. Journal of Shandong Institute of Physical Education, 2021, 37 (02): 71-78. DOI: 10. 14104 / j. cnki. 1006-2076. 2021. 02. 010. 
[4] Zhu Jiachen. Research on the application of fair liability and assumption of risk in mass sports injury accidents [D]. Zhejiang University, 2019. 
[5] Li Xian. On the application of causality in the crime of negligent death [J]. Legal system and society, 2016 (35): 256-257. DOI: 10. 19387 / j. cnki. 1009-0592. 2016. 12. 260. 
[6] Liu Feiyan. Research on the identification of the crime of negligent death [D]. Southwestern University of Political Science and Law, 2014. 
[7] Xin Yunjiao. Specific application of assumption of risk and fair liability in sports injury accidents [D]. Northwest Normal University, 2020. DOI: 10. 27410 / d. cnki. gxbfu. 2020. 000173. 
[8] Li Jingyuan. Research on the judicial application of the assumption of risk rule [J]. Journal of Beijing College of Political Science and Law, 2022 (03): 69-74. 
[9] Liu Fei. Optimization of the implementation mechanism of administrative emergency law [M]. Wuhan University Press: Public Security Library, 202012. 307. 
[10] Gao Jiuling, Zhang Weichen. Research on fair loss sharing of sports risk from the perspective of civil code [J]. Journal of Hubei University of Economics (Humanities and Social Sciences Edition), 2023, 20 (01): 74-78. 
[11] Zhao Yuan. On the specific application of the rule of assumption of risk in the Civil Code [J]. Western Journal, 2022 (19): 34-38. DOI: 10. 16721 / j. cnki. cn61-1487 / c. 2022. 19. 006. 
[12] KV Ramesh, V Jayashankar. A Case of Sudden Natural Death Alleged as Death due to Medical Negligence [J]. Indian Journal of Forensic Medicine & Toxicology, 2015, 9(2). 
[13] Santoro J P, Dawood A W, Ayral G. [Child abuse. 3 cases of child death caused by negligence and starvation]. [J]. Forensic science international, 1983, 21(2). 
[14] Virginia M. Renz. Negligence: Wrongful Death Act: Wife's Death Resulting from Husband's Negligence [J]. Michigan Law Review, 1937, 35(3).

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting