《民法典》文体活动自甘风险规则的适用研究

Research on the Assumption of Risk Rules in Cultural and Sports Activities in Civil Code

我国《民法典》侵权责任编第1176条确立了文体活动自甘风险规则,虽然为文体活动造成的人身损害纠纷案件提供了基本裁判规范,但是在理解与适用自甘风险规则时,仍存在界定标准模糊的现实问题。明确“文体活动”的范围、适度运用公平责任、限制个人法益承诺、引入社会保险制度有助于《民法典》自甘风险规则的准确适用,并促进文体事业健康发展。

Article 1176 of the Tort Liability part of the Civil Code of China establishes the rule of assumption of risk in cultural and sports activities,which provides the basic adjudication norms for disputes over personal injury caused by cultural and sports activities.However,when understanding and applying the rule of assumption of risk,there is still a practical problem of fuzzy definition standards.Clarifying the scope of“cultural and sports activities”,applying fair liability moderately,limiting personal legal interest commitment and introducing social insurance system are helpful for the accurate application of assumption risk rules in Civil Code and promoting the healthy development of culture and sports undertakings.