Establish Regulations Of Self-organized Expeditions On Assumption Of Risk

The standard self-service travel organizer walks can be divided into :travel agents, outdoor club called the outdoor adventure activities and organizations, users post their own outdoor adventure. The former similar as to the Tourism contract, by the "Travel Regulations" and "Travel Regulations Implementing Rules" and other laws and regulations constraint , have a clear responsibility of the main. By contrast, backpacker have more problems. As the lack of uniform legal provisions, similar cases often get different judgments, self visits belongs to contract, participants are full capacity for civil conduct. The risks inherent in travel for self-injurious consequences arising for assumption of risk.Both "Draft of Chinese Civil Code violations" by Professor Liang Huixing, 1558th Ordinance and"China Civil scholars Proposal"by professor wangliming all on the assumption of risk provisions made accordingly. Unfortunately, "The People's Republic of China Tort Law"December 26, 2009 promulgated not in the form of legal provisions establishing the validity of assumption of risk.The first part from basic theory to discuss the concept of assumption of risk, compared assumption of risk with other Similar distinction. To clear the present condition of Assumption of risk: existence legal relationship, behavior itself inherent risk, in order to realize their own interests and consent to the actor adventure.The second part clearly the scope of assumption of risk.Through the analysis of typical cases come to our dispute resolution mechanism shortcomings. Argument from the assumption of risk in our self-tour dispute exists the possibility and necessity. The assumption risk for infringement of field in China, due to the fault of preciseness and strict liability system maneuverability, not alone in the clear risk of strict liability. According to the different forms of self-organized exper, professional outdoor sports apply the risk, but because of its own system of completeness, participate in professional and perfect the system of insurance of its, do not discuss. Travel under pretense of self-help organization of for-profit activities shall not apply to the assumption risk. Travel under pretense of self-orgainzed expedition organized of for-profit activities shall not apply to the risk. Netizens to post the self-help organization for the assumption risk is discussed.The third part through the specific analysis of the nature of self-help, participation rights, obligations, responsibilities demonstrate self-guided dispute assumption of risk applies when the prerequisite legal effect and so on. The argument in such activities in risk of necessity. And through the analysis of the self-service in nature belongs to the contract for the parade for self-help initiated in the process of different status, sponsors and generally enjoy different participants were rights and assumes the obligations is different. Activities in accordance with the contract for other participants sponsors have appropriate safety obligation, but when the activity of the initiators alone has produced the injury consequence general fault is not liable for damages, the adverse consequences in accordance with the risk by the victim to undertake the conclusion. The risk for its legal effect was once the person damages completely exempted.The forth part on self-help travel-related disputes and liability defense system in improving our recommendations. Establishment self-help legal effect, supplemented by a comprehensive insurance system and the emergency rescue system, reduce disputes, to achieve a reasonable sharing of responsibilities.