School of Law, Sichuan Normal University, Chengdu 610068, China
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.
physical activities; from the risk; Tort liability; Comparative negligence
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.
 Tang Linyao. The Self-congenial Risk Rule of Civil Code from the Comparative Perspective [J]. Jiangxi Social Sciences, 2020(10).
 Christian von Baal. European comparative tort law (second volume)[M]. Beijing: Law Press,2011.
 Zheng Yubo. Legal Proverbs (I)[M]. Beijing: Law Press,2007.
 Xu Chuanxi. Restatement of Tort Law (Second Edition): Provisions [M]. Beijing: Law Press,2012.
 Wang Zejian. Tort Behavior [M]. Beijing: Peking University Press,2016.
 Zhang Xuejun. Historical Evolution and Enlightenment of Comparative Negligence System in American Tort Law [J]. Politics and Law, 2010(4).
 Wang Chuancai. Self-risk Rule: Death or Rebirth? [J]. Journal of Applied Mathematics and Computation, 2009(5).
 Cheng Xiao. Tort Liability Law (Second Edition)[M]. Beijing: Law Press, 2015.
 Han Yong. Sport Self-Consciousness Risk in Civil Code [J]. Sport and Science,2020(4).
 Qian Xuefeng, Tian Yin. Study on the type and value of self-satisfaction risk in American sports [J]. Journal of Chengdu University of Physical Education,2018(5).
 Zhou Xiaochen. On the tort law system of the phenomenon of victims willing to take risks [J]. Contemporary Law,2020(2).
 Zhou Xiaochen. On the tort law system of the phenomenon of victims willing to take risks [J]. Contemporary Law, 2020(2).
 Wang Liming. On the victim's willingness to take risks [J]. Comparative Law Research, 2019(2).
 Ning Jia. Judicial Determination of Tort Liability in "Donkey Friends" Accident Dispute [J]. Journal of Shanghai University of Political Science and Law (Collection of Legal Theories), 2016(3).
 Duan Xiping. Research on the irreplaceability of self-willing risk in sports infringement [J]. Theoretical observation, 2018(7).