The Distinction between the Risk of Self-giving in Civil Law and the Crime of Negligence Causing Death in Criminal Law—Taking the Case of Shenyang West Canyon Rushing Slope Off-road as an Example

Abstract

: In some cases, civil law and criminal law are not easy to distinguish the legal nature of voluntary risk-taking and negligent death. Although they have some common points, there are also obvious differences. Correct characterization is the basis of applicable law. On February 19, 2022, Wang's driving vehicle overturned unfortunately during the off-road rush, resulting in the injury of co-driver passenger Xu. When he was rushed to the hospital for rescue, Xu died unfortunately due to the ineffective rescue. This case occurred after the formal implementation of the "Civil Code of the People's Republic of China" (hereinafter referred to as the "Civil Code"). The "assumption of risk" rule that has always been a great voice in the law has also undergone multiple discussions by experts and scholars. Through this case, the article analyzes and explores the self-involvement risk in the' Civil Code' and the crime of negligent death in the criminal law, and qualitatively distinguishes the behavior of the two through the constituent elements of the two.