The Study On Criminal Responsibility Of Damage Caused By Self-service Adventure

With the development of society, people’s life standard improved a lot and ourlifestyles are more flexible by taking part in more outdoor activities. For example, moreand more people are not satisfied with traditional ways of travel. We have changed theways we think about travel. Therefore, travels which can offer more free space andstimulate self-service adventure have sprung up. However, as risk accidents take placefrequently, the number of legal disputes has increased. Based on this situation, whetherreally exists legal responsibility in a legal dispute is not sure yet. Even if it exists legalresponsibility, then what kind of responsibility exists, then who should be responsiblefor it, and what kind of legal responsibility it should be, what’s more, how much legalresponsibility should be shouldered are not decided only by one person. Because peoplehold different views of this kind of things and there are no special laws of self-serviceadventure, therefore, the judge is confused on this kind of case, what’s worse theresponsibility is not well shouldered by the right people, which cause such kind ofself-service adventure damage get worse. Under this background, this essay put forwardthat criminal liability should be taken by relevant departments or people in an accidentof self-service adventure.In this essay, it takes the Huangshan Scandal as an example. Firstly of all, it givesan introduction of damages caused by self-service adventure. Then it explains themeaning, feature and relative terms of self-service adventure. In addition, it gives adefinition of risk damage and sorts out it from different perspective. By concludingthese analyses, the essay gives a standard to judge risk damage caused by self-serviceadventure, which is the precondition of criminal liability caused by risk damage ofself-service adventure.Criminal liability is the most severe legal responsibility. Therefore, we need becautious while put it into use. In the case of Huangshan Scandal, this essay analyzes thesocial harm, civil liability, administrative responsibility caused by the risk damage ofself-service adventure. According to this, it gets the conclusion from the necessityperspective that risk damage caused by self-service adventure should be judged bycriminal law instead of civil law or administrative law.In addition to the necessity, the essay emphasizes from the rationality perspectivethat risk damage caused by self-service adventure should be judged by criminal law. First of all, the essay disagree with the point of view that risk damage caused byself-service adventure should not be judged by criminal law. Then it takes theHuangshan Scandal as an example, from perspectives of four basic factors of a criminalbehavior and exclusions prove that risk damage caused by self-service adventure shouldbe responsible for criminal responsibility.The basic meaning of the principle of Legally Prescribed Punishment is "nullumcrime sine lege; null a peona sine lege." Therefore, besides necessity and rationality, thelegality is also discussed in this essay. As for the risk damage caused by self-serviceadventure should be judged by crime of endangering public security with dangerousmethod.