| Outdoor sport in Dutch treatment is more and more popular now, because it is a good way to enjoy the nature and relax people. Also it is satisfying people who like exciting sport. Since this kind of outdoor sport is initiated by internet, and self-founded without profit and clear definition of rights and obligations, when there is an accident in outdoor sport, is it difficult to define the responsibility among the sport member. In China, there is no law for the definition of rights and obligations in this kind of outdoor sport, and there is argument for the relevant content in theory. So these make more chaos when define the responsibility in accident, and not good to protect member’s rights and obligation, and go against to solve the problem. At the same time, without law to define rights and obligation, is impeding the long-term development of AA treatment outdoor sport. This thesis is stating the opinion and advice for defining accident liability, based on the present statement of the dilemma in defining the accident liability.The thesis is including four parts:First of all is to define the liability nature in AA outdoor sport accident. It is mainly to introduce and analysis the viewpoint about defining the liability nature in AA outdoor sport accident in China. And based on this, the thesis concludes the liability nature of outdoor sport accident is tortious liability.The second part is about the criterion of AA outdoor sport accident liability. This is mainly to analysis the criterion of fault liability, criterion of no-fault liability, and the application of the fairness doctrine. Based on the analysis, there is the conclusion that the best criterion of liability is criterion of fault liability. Also this part introduced the specific application of criterion of fault liability in AA outdoor sport accident.The third part is about excusatio in AA outdoor sport accident-assumption of risk. Based on the demonstration that assumption of risk could take as an excusatio in outdoor sport accident, to discuss the assumption of risk classification that available in AA outdoor sport accident. The fourth part is about the specific share of the accident liability in AA outdoor sport. With the discourse of previous parts, the thesis is coming to discuss the lack of fair liability application in AA outdoor sport. Then the fourth part mainly discusses the share of specific liability among the entire participant, which mainly including the specific share of liability of the sponsor, the participant and insurance company. |
