On The Liability Of The Sponsor Of Independent Activity

Risk and harm exist all the time in the human society. In order to get rid of risk and resist harm and damage, human beings never the less stop innovating rules and other ways to keep safe and maintain a harmonious human society. What has to be pointed out is innovative rules were created never in the price of human beings'freedom. Self-service travel, freely organized physical activities and other independent activities with the nature of risk are necessary to the smooth communication between human beings whenever the society stands. They are more than popular with young people eager for freedom in such a highly safe-guarded society. Sponsors of this kind of activities share the same risk and enjoy the same happiness from the risk-natured but free activities. Thus, they should not be taken as the organizers of social activities in the Civil Law and loaded inappropriate responsibility to take good of the participants. If risk does happen and one participant gets harmed, judges are expected to deal with the appeal under the Principle of Liability of Fault but not Fair Liability. Duty of care develops fast during the objectifying process of the Principle of Liability of Fault as Sociological Jurisprudence gets popular, however it can not be applied into the independent activities unconditionally for it built its theory foundation on the society order aimed"Opens the hazard theory"and the"First act theory". Upon dealing with the appeal and the remedy to the victim, Judges are not suggested taking the theory of substantive justice to allocate the consequence of risk to the activity sponsor. Or, they would make injustice. In the end, the writer indicates that the Liability Law has a limited function and should not be over policy-oriented.