关键词: 体育活动, 自甘风险, 构成要件, 正确适用, 《中华人民共和国民法典》

Abstract: Sport activities are a typical field where assumed risk applied. The exact meaning of risk-assumption in physical activity is contained in its overall structure and its various components. The composition of the risk-assumption rule in sport activities includes three parts: the scope of application, the conditions for the establishment of risk-assumption behavior, and the legal effect. The assumption of risk is a statutory exemption in sports activities, which can exempt the ordinary neglectful tort liability of perpetrator. The assumption of risk is also an independent tort defense, which excludes the victim's consent, negligence, and fair responsibility. In terms of specific application, it can serve as a code of conduct, guiding the behavior of participants in physical activities and leading the spirit of physical activity. As a cause of defense in the law of evidence, which can be used by the perpetrator to actively defend. As a basis for adjudication, which can be used to dismiss the victim's claim for compensation by the authority.

Key words: sport activities, assumption of risk, constituent elements, applying correctly, The Civil Code of the People' Republic of China