《民法典》自甘冒险规则法律适用研究

Study on the Application of the Self-Willing Risk Rule in the Civil Code

摘要: 《民法典》中自甘风险规则的设立是侵权责任编的一大亮点和创新，明确了参加文体活动致损案件中当事人的责任划分，为自甘风险案件的审理提供了全新的裁判依据。自甘风险作为侵权责任体系中一项新增的制度，法院在适用该规则时争议不断。因此，为确保自甘风险规则能够正确、高效的适用，有必要以民法典的规定为出发点，深入研究自甘风险的法律适用问题。本文从自甘风险的立法目的着手，明晰该规则的适用主体、范围，以及加害人故意或重大过失的认定标准。随着《民法典》的正式实施，如何理解、适用自甘风险条款才是当前迫切需要解决的问题，自甘风险规则的完善和发展仍需要理论界与实务界的不断探索。

Abstract: The establishment of the self acceptance risk rule in the Civil Code is a major highlight and innovation of the tort liability system, which clarifies the division of responsibilities of parties involved in cases of damage caused by participating in cultural and sports activities, and provides a new judicial basis for the trial of self acceptance risk cases. As a newly added system in the tort liability system, the court has been constantly controver-sial in applying the rule of voluntary risk. Therefore, in order to ensure the correct and efficient ap-plication of self risk rules, it is necessary to conduct in-depth research on the legal application of self risk based on the provisions of the Civil Code. This article starts with the legislative purpose of self risk mitigation, clarifying the applicable subject and scope of this rule, as well as the criteria for de-termining the intentional or gross negligence of the perpetrator. With the official implementation of the Civil Code, how to understand and apply the voluntary risk clause is currently an urgent issue that needs to be solved. The improvement and development of voluntary risk rules still require continuous exploration in both theoretical and practical fields.