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Analysis On Legal Liability Of The Damage Result Of Outdoor Sports

Posted on:2011-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:B B HouFull Text:PDF
GTID:2196330335490804Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The damage resulted of outdoor sports is that participants themselves in the process of outdoor sports undergo the damage and injuries. The liability disputes which caused by particularity of the damage have triggered debate so long in China. Therefore, it is necessary to both in theory and system needs to be explored and improved. Firstly, from theoretical analysis, based on the characteristics of outdoor sports combined with self-service and profitability are two types of outdoor sports that organizers and participants described the rights and obligations,clearly the scope of the damage and application of the principles related to imputation, and to consider the risk of outdoor sports to introduce Assumption of risk;Secondly, from the institutional analysis of judicial interpretation in China, is currently China's "Contract Law" and the Supreme People's Court "to hear cases of personal injury compensation law applicable to a number of issues interpretation of "legal disputes for outdoor sports a number of problems and defects, resulting in damages in similar cases of outdoor sports to determine liability for the different challenges of judicial authority. To solve the confirmation of legal liability that the damage result of outdoor sports, we should combine with the special nature of outdoor sports to analyze Assumption of risk and the effectiveness of exculpatory clauses, and according to the different scope of damage has been normalized to apply to responsible for different types of existing principles to clearly different types of outdoor sports organizers and participants of the legal liability issues; the same time from administrative supervision of outdoor sports and other supporting mechanisms for compulsory insurance to meet the improvement of outdoor sports from liability for damage will which more rational...
Keywords/Search Tags:Outdoor sports, damage, responsibility principle, Legal liability
PDF Full Text Request
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