Legal Nature And Rule On Outdoor DIY Trip

Adventurous DIY trip is the newly-emerged tourist project. Since it is still immature, the people's quality involving in this activity is not high and relevant systems are not also completed.When the accidents occur, due to complication of legal facts, blank place in legal system and difficulty in contributing legal liability etc, the victims fail to obtain equal compensations or even innocent teammates are misjudged,This paper analyzes first travel fan's death in China and consequent sues against team leader and teammates by victim's relatives, accompanied by listing the hot issues arising from this case, rules'justification of fist and second trials, and jurisprudence and legal regulations involving in this case.It's natural that there is always someone responsible to propose, launch or host DIY trip. But there is no clear regulation in our country's law on how to identify such person's legal position or should such one hold special responsibility for other teammates'body and property securities.The usual practice is to sign a contract with participants in which claims that any costs arising from DIY trip should go Dutch and any risks should be undertaken by oneself other than anyone else. But the existing laws do not clearly draw the line on such contract.According to problems abovementioned, this paper firstly analyzes details in this case and then, compares legal issues from the perspective of jurisprudence and existing legal terms. In the final part of this paper, the writer lists the blank place in our legal system targeting this filed and presents some suggestions with hope to fill these blank places.