On The Regulation Of Outdoor Sports Law

Outdoor activity has developed considerably in China recent years, more and more peoplestart to like it, get to know and involve in it. However, because of the late starting point of outdooractivity, the “hardware” and “software” of the fundamentals are still not well developed yet. Themain sign of the incomplete “hardware” and “software” is: The outdoor activity amateur lacks oftechniques and experiences; Shortage of supervision and management of outdoor activity clubsand stores; Outdoor activity providers lack of qualification evaluation system and incomplete safe&security obligation system. These problems led to frequent accidents and rising amount of deathin outdoor activity. The lack of relevant laws or regulations in China made the court can onlyjudge on legal principles when damage disputes happen after an accident, because the court can’tassign the responsibilities and obligations for plaintiff and defendant corresponding to a law whichlead many troubleshooting application of laws.This article explores the particular mode of outdoor activity in China by comparative analysis,statistics, charts’ analysis, case study and literature review according to the analysis of theprevious case of outdoor activity damage disputes based on the existing situation and theory ofoutdoor activity.The first part specifically analyze the development and present situation of Outdoor activityin china according to the definition, classification and characteristics of outdoor activity. It lead tothe necessary conclusion of studying Outdoor activity regulations.The second part focus on the particular cases that related to outdoor activity damage disputessuch as Mr. Luo on7/9, Mr. Li on8/15in Zhengzhou and7/11Chongqing. All cases areintroduced and analyzed in detail based on concept of outdoor activity organizers, relationshipsbetween contract and torts, security obligations, principle of own-risk and attribution ofresponsibility.The third part propose detailed suggestions for Outdoor activity including laws andregulations, management and supervision, admission standards and safe&security obligationsystem that are expected to fill out the lack corresponding laws, supervision and management.