Rule Application for Assumption of Risk in theCivil Code of the People’s Republic of China

The rule for assumption of risk is an exploratory practice in the existing judicial practice. As per Article 1,176 of the Civil Code of the People’s Republic of China, the rule is established in terms of legislation. However, it servers a new universal defense from a macro provision, and there is not detailed explanation. In order to further eliminate the disputes over judicial application, it is necessary to further demonstrate the specific requirements for the application of the rule, and clarify and discuss the factors constraining the application of assumption of risk, such as "risk", "cultural and sports activities", "the participants" and "organizers". As a result, the rationality, accuracy and rigor of the application of the rule can be improved.