Research On Obligation Of Outdoor Self-help Travel Accident

Outdoor self-help travel is a new social activity,which combines sports,social,leisure and other functions.Outdoor self-help travel destinations are generally inaccessible natural places,which makes such activities there is a certain degree of danger.In real life,there are often news articles about "tour pal" who have suffered personal injuries during outdoor self-help travel.After the result of the damage,all the parties are faced with the issue of the distribution of liability and compensation for damages.However,the present law in our country can not properly solve this problem.Different judges have different legal bases for refereeing such cases,and the results of referees vary widely.There is room for discussion and discussion.The first part of this article first clarified the definition of outdoor self-help travel,and made necessary limitations on the scope of this article.In the second part of this paper,two representative cases are selected for analysis,and the judge's reasons and legal basis for the adjudication are summed up.The third part of the paper discusses the legal relationship formed between the parties in the outdoor self-help tour and clarifies that the parties should be friendship and not constitute a contractual relationship.Therefore,when dealing with related issues,the Tort Liability Law should be applied to further the The discussion provided the basis.In the fourth part of the paper,the author points out the problems existing in the application of the Tort Liability Law in relation to the aforementioned judgments.For example,the inappropriability of imputation due to the application of fair liability and the limitation of applicable subject and situation in the application of safety guarantee obligations..The fifth part of this paper proposes solutions to the aforementioned problems.First of all,according to the theory of preemptive behavior and the theory of trust relationship,it should be clear that there should be some kind of salvation obligation between the parties.Therefore,it is possible to consider applying Paragraph 1 of Article 6 of the Tort Liability Act to solve related problems.Considering that the source of China's safety and security obligations is the obligation of exchange security in the German law,the proposal to generalize the main body of China's safety and security obligations is proposed to better resolve such cases.At the same time,it also hopes to provide a The possibility that our country's tort law can better adapt to the needs of social development.