The Civil Liability Analysis Of Distress Events In The Spontaneous Out Door Activities

In recent years, with the spontaneous outdoor activities and participants in the fall, lost or missing Shan-hong drowning for the dead are also frequent, as a result of disputes over compensation is also constantly. Because of the accident is often the victims themselves by natural factors and factors, and our laws spontaneity of outdoor activity and the responsibility for lack of clear rules, and to all parts of the court for such a case dealing with different. How to balance the victim and the activities and other participants of the legitimate rights and interests are such cases have to solve the problem. Spontaneity outdoor activities damage compensation for the disputed case over the difficult problem faced by the main concentration in three aspects:First, Foundation of right of claim.Such cases in our current law can find the corresponding legal basis? Second, Principle of "conceited risk". Such cases the responsibility rests with the victim, or should be borne by the sponsors and other participants? The principle of"conceited risk" on the issue of outdoor activity could be applied? Third, the burden of proof. Such cases the burden of proof should apply to general rules, or should apply to the burden of proof upside down, assumed such special rules? About the decision of the case, the most typical should be the case of "Nanning ZhaoJiang'7.9'flood difficult", the focus of the outstanding reflect the above three problems. This paper will focus on these three questions, on the case of "Nanning ZhaoJiang'7.9'flood difficult" analysis and inquiring into this case in our current law seeks to solve the feasibility. On the case of "Nanning ZhaoJiang'7.9'flood difficult" analysis, I think, In spontaneity of outdoor activity in the participant in the event, if not actually infringe, It should be based on the principle of "conceited risk", His own responsibility by the victim.In this case, the victim could not remedy from tort law. This article think,tort law the charity is limited, a commercial insurance compensation system of society, contribute to the compensation for loss of interest. We should improve the insurance system, the victim of such events from the insurance laws of relief. actively, and reduce this kind of the accident rate.