Cases of risk assumption occur a lot in daily life. However, as no specific research for that has been conducted in China, there is no theoretical guidance on dealing with those cases in judicial practice, which make some cases very hard to understand: in the same case, the defendants found guilty for criminal culpability while also found no civil responsibility in civil judgments. This article aims to throw some light on this field by bringing up some immature suggestions about the basic legal principle of risk assumption.