关键词: 自甘风险, 适用条件, 活动组织者责任, 民法典

Abstract: Article 1176 of Chinese Civil Code turns the rule of assumption of risk from a concept into a civil law rule, which provides a clearer legal basis for the settlement of personal infringement disputes in the field of sports, and also ensures people's enthusiasm to participate in sports activities from the perspective of respecting autonomy of will. However, the ruling of the old man crossing the basketball court case, media's interpretation of the application of the rule of assumption of risk, and the views on whether the behavior of the contestants in the Baiyin incident is applicable to the rule of assumption of risk do not comply with the limitation on the application scope of assumption of risk in article 1176, and thus leading to subject generalization, confusion of damage and infringement, and making it difficult for people to accurately understand the rule of assumption of risk in Chinese Civil Code. In order to raise people's awareness of the rule of assumption of risk, it is necessary to study and judge the applicable conditions of article 1176 from four aspects: activity, subject, subjectivity and objectivity. Only when these four conditions are met at the same time can the rule of assumption of risk in Chinese Civil Code is applicable. If the organizer fails to fulfill the obligation of safety and security, he shall be liable for compensation in accordance with the corresponding provisions.

Key words: assumption of risk, applicable conditions, responsibility of event organizer, Chinese Civil Code