自甘冒险是指行为人明知某具体危险状态的存在,而甘愿冒险为之的行为。自甘冒险源自于罗马法,无论是在普通法系还是在大陆法系,都已接受为过失侵权的抗辩事由,而我国新颁布的《侵权责任法》却没有对此作出明确规定。因此本文从自甘冒险的概念、类型区分入手,以我国现有的《侵权责任法》为出发点,建构适用于自甘冒险的法律规则。 Spontaneous risk refers to the behavior of people aware of the existence of a particular dangerous state, and willing to risk their behavior. The self-willing adventure originated from the Roman law. It has been accepted as a defensive cause of negligent infringement both in common law and in the civil law system. However, China’s newly enacted Tort Liability Law has not clearly stipulated this. Therefore, this article starts from the conception and type of self-willing adventure and starts from the existing “tort liability law” in our country to construct the legal rules applicable to self-willing adventure.