The Research On The Civil Liability Of The Organizer And The Traveler In The Outdoor Self-Service Adventure

In recent years,with the improvement of people's living standards and the change of the attitudes of life,more and more people are keen on outdoor adventure activities organized by the folk spontaneous,to challenge the limits of nature,beyond the self.However,due to the risk of adventure activities,participants lack of outdoor experience,professional equipment and technology,outdoor adventure activities and disputes are increasing.At present,China's laws on this kind of activity is no clear accountability mechanism,the court's judgment basis and judgment are not the same,largely limits the development of outdoor self-service adventure,but also affect the authority of law.This paper intends to analyze the legal relationship between the members of outdoor self-service adventure from the perspective of tort law,and then define the responsibility of each side,put forward a clear responsibility mechanism to deal with such disputes in the judicial practice,I hope to contribute to the outdoor self-service adventure activities to the healthy and orderly development.This paper is divided into the following sections: In the introduction,the author introduces the concept,origin and development of outdoor self-service adventure activities.The object of this study is to explore the outdoor activities of the civil spontaneous organization.In the first chapter,the author find that the legal nature of the outdoor self-service adventure is the friendship behavior,and analyzes the main body and the constitutive requirements of the risk,tort and tort liability.The second chapter focuses on the legal basis of the organizer shall assume the tort liability is the obligation of security,analysis of the obligations of the legal basis and the judgment standard,reasonable limits,imputation principles of liability and fault analysis of the organizers.In the third chapter,the author analyzes the provisions of the common law of the two legal systems,analyzes two theories of theoretical realm,and finds that there is no legal obligation of general assistance between the two parties.At the same time,the author discusses the protection of the rights and interests of friendship helpers.The fourth chapter explores the legal regulation of outdoor self-service adventure activities.The introduction of risk principle as a defense organizer and companion of civil liability,and analyses the validity of the disclaimer in the outdoor self exploration activities,the activities of the organizers and fellow travelers,finally summed up a clear accountability mechanism,to provide some suggestions for the handling of such cases in the judicial practice.