May 31, 2022,The 24th issue of bet365 app high-end forum was successfully held online。bet365 casino blackjack of Law School of Renmin University of China、Doctoral supervisor Zhang Xinbao gave a wonderful lecture titled "The Legal Principle and Understanding of the Two New Grounds for Defense in the Civil Code"。Lecture Bet365 lotto reviewby bet365 app、bet365 casino blackjack Zhou Changjun, Dean of Law School (Weihai), presided over,School of bet365 casino blackjack, University of Chinese Academy of Social SciencesProfessor Sun Xianzhong、bet365 appProfessor Wang Liping、Professor Man Hongjie、bet365 casino blackjack Pinghua serves as the negotiator,bet365 appProfessor Zheng Zhihang and more than a hundred teachers and students attended the meeting online。
bet365 casino blackjack first reviewed the legislative process,The "Civil Code" stipulates "voluntary risk" and "self-help behavior" for the first time。For the new defense of "self-acceptance of risk",bet365 casino blackjack believes that "voluntary risk" refers to voluntary participation in legal cultural and sports activities with certain risks,Applicable to participants only,Only exempted from liability for general negligence,Must be distinguished from the victim’s fault。The organizer has the obligation to ensure safety。For the new defense of "self-help behavior",bet365 casino blackjack pointed out that this provision is an innovative and prudent legislative choice,The legislative purpose is to balance the interests of both parties。To apply this provision, the purpose conditions must be met、Situation Conditions、Object conditions,Organize self-help behavior and emergency avoidance、Relationship between self-defense。Implement self-help behavior against the infringer,Shall not bet365 best casino gamesexceed the necessary scope and reasonable limits。bet365 casino blackjack’s tort liability for damage caused by improper self-help measures、Start with tort liability for damage caused by violation of safety obligations,Detailed analysis of the scope of responsibility。Last,bet365 casino blackjack concluded。Since the implementation of the Civil Code,There is a redefinition of social and public interests、The trend of limiting fair liability。In the context of comprehensively governing the country according to law,The principle of fairness needs to be re-examined。
Conversation session,Professor Sun Xianzhong adds the legislative background of self-commitment and self-help behavior,And briefly describe the academic debate and interest balance between self-help behavior in the civil code system。Professor Wang Liping analyzed the positive significance of taking risks to enter the Civil Code through cases,And put forward expectations for its implementation。Professor Man Hongjie analyzed the conceptual shift in modesty in tort law from the perspective of the changes in judicial policy of the Supreme People’s Court,Expressed his own thoughts on the system position of self-help behavior。bet365 casino blackjack Pinghua discussed the effectiveness of two defense grounds、Meaning、System status,Believe that the current legislation is trial and error,There bet365 live casino and sports bettingis still room for further discussion in the future。
The end of the lecture,President Zhou Changjun pointed out that the system design concepts of the two new defense grounds are consistent and consistent with the legitimate defense system in criminal law,To bet365 casino blackjack、Professor Sun Xianzhong expresses his heartfelt thanks。
Zhang Xinbao,bet365 casino blackjack of Law School of Renmin University of China,Doctoral Supervisor,Director of Network Information Law Center。National-level talents;The third national "Top Ten Outstanding Young and Middle-aged Jurists";Executive Director of China Law Society、Member of the Academic Committee,Vice President and Director of the Academic Committee of the Network Information Law Research Association of the China Law Society、President of the Law Journal Research Association。
Text/Yang Zhen
Picture/Li Qian
Audit/bet365 casino blackjack Pinghua