A Comment On The Study Of The Imputation Of Injury Accident In Public Outdoor Sports

Outdoor sports are sports group with adventure nature orexperience adventure in natural environment (not a specialsite).Outdoor sports entered into China from Europe and U.S. In thelast century80's, and they play a irreplaceable part in promotingpeople physical quality, psychological quality and the teamcooperation spirit. With outdoor sports rapid development, safetyawareness, laws and regulations, rescue system,insurance system,outdoor sports participants' quality and other problems have causedthe high attention of the whole society, especially, the liability issuesof injury accident in the public outdoor sports have become animportant issue to be urgently studied, so the research has importantsignificances for promoting outdoor sports' laws and regulationsconstruction and practice: they are urgent needs about outdoorsports' legislative and Judicial Judgement; though analyzing theresponsibility problems in outdoor sports, we can provide specific recommendations for the legislative and judicial practice; we canprevent accidents and disputes,and safeguard interests of outdoorsports participants.This paper mainly studies outdoor sports' injury accidents takingplace in China. And interviews some heads of outdoor sports' club,some lawyers in law firm, and some legal experts through interview,telephone and network video. Questionnaires cover12provinces,autonomous regions, municipalities directly under the centralgovernments, and I received214valid questionnaire. I will undertakethe research form theory and practice two aspects through basicstatistic questionnaires, literature study, case analysis and logicalanalysis.The injury accident liabilities in outdoor sports are mainlyensured by the reasons of injury accident in outdoor sports includingthe categories of12reasons, rights and obligations of organizers andparticipates, and liability principles; then I analyze injury accidentresponsible of the parties in outdoor sports though the case analysis,finally I analysis whether assumption of risk which is controversial inthe academia is plea; and exemption and whether the exemption canbe exempted. injure accident compensations in outdoor sport aremainly described, according to China' existing laws and regulations,through injury accident competition liability of the four elements in outdoor sports, litigation or mediation of compensation,compensation scope and whether injury accident in outdoor sportsshould include compensation of mental damage and so on. At thebase of theoretical research and interview, I put forward to answeringstrategies about injury accident liability issues in outdoor sports fromfive aspects: the laws and regulations, insurance system, securityearly warming system, rescue system and industry association. So,the paper discusses about law in outdoor sports, strengthening andperfection of China's legislation in outdoor sports, reasonablyavoiding risk responsibility, reducing disputes in outdoor sports,paying attention to safety precautions.