Article 1176 of the Civil Code recognizes self-acceptance risk as an independent defense, and sports infringement cases may become a typical field for self-acceptance risk application. However, restricted by such factors as vague application scope of self-acceptance risk and unclear application type boundary, only the principled provisions in Article 1176 of the Civil Code are still difficult to break through the application dilemma in practice. In this regard, we should first divide the scope of its application, and limit the applicable scope of the self-willing risk clause in sports activities to the damage caused by athletes and spectators. Secondly, the scope of its application should be limited to competitive sports activities with certain risks, and the risks come from the sports activities themselves. In this way, it may contribute to the effective implementation of the self-content risk clause in sports infringement cases. Thirdly, the classification of voluntary risk in American law can be used for reference. The explicit voluntary risk and the main implied voluntary risk can be retained, and the secondary implied voluntary risk can be integrated into comparative negligence, so as to give full play to its own institutional function.

Xianqiong Xue. The Application of Self-Gratification Risk in Sports Activities from the Perspective of Tort. International Journal of Frontiers in Sociology (2021), Vol. 3, Issue 5: 9-15. https://doi.org/10.25236/IJFS.2021.030502.

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