Judicial Value and Challenge of Assumption of Risk in Applying to Tort of School Sports Injury

Based on the analysis of the development of the theory of assumption of risk, the judicial value and social significance of the theory as well as its application to the school sports injury infringement cases are discussed.It is believed that its judicial value is mainly manifested in reflecting the legal justice, improving order and efficienc as well as freedom and equality. Besides, it can improve the law of tort liability and reduce the "deficit" of the development of the rule of law in school physical education, which is an important guarantee for the the country to well promote the cultivation of qualified talents in school physical education.It is held that independent interpretation by legislation and judges, insurance and social security mechanism improvement should be considered, and effort be made jointly to solve this highly-focused issue by the society.