Research On The Civil Liability Imputation Of Spontaneous Outdoor Sports Injury Accidents

Spontaneous outdoor sports in a variety of forms,attracting people of different classes and ages to participate,spontaneous outdoor sports are developing rapidly.At the same time,spontaneous outdoor sports accidents have occurred frequently,there have been more incidents of liability disputes.The trial results of such cases in the people's courts are quite different.For example,in the case of the same spontaneous outdoor injury case,the first-instance and second-instance judgments are different.At present the people's courts in our country don't have a unified understanding of the obligations of the participants in the spontaneous outdoor sports,the identification and division of the responsibilities of the involved subjects are not clear.Although the outdoor sports management department has issued a number of documents such as Notice on Strengthening the Organization and Safety Work of Mountaineering Outdoor Sports and Interim Provisions on the Management of Mountain Guides.However,there is no clear stipulation on the liability of spontaneous outdoor sports injury accidents.This article is based on the investigation of spontaneous outdoor sports injuries in China.Through interviews of the heads of outdoor sports clubs,spontaneous outdoor sports organizers and participants,full-time lawyers,and university scholars.Combined with literature and case studies,to sort out and analyze the attribution of spontaneous outdoor sports injuries in China,further explore the responsibility of spontaneous outdoor sports injuries.According to the relevant factors such as the insufficiency of the parties involved in the security obligations,the responsibility shall be determined to determine whether the parties involved in the injury accident should bear the responsibility and what kind of responsibility.This paper analyzes the relationship and obligations of spontaneous outdoor sports organizers and participants,through the attribution of spontaneous outdoor sports injury accidents,draws the following conclusions:1.In the trial of spontaneous outdoor sports injury accidents,most judges focus on the solution of the injury case itself,ignoring the social effects caused by the judgment results.In order to protect the rights of victims,judges increase the responsibility of spontaneous outdoor sports organizers.In addition,the People's Court does not have a clear distinction between the organizers and the proponents,which inevitably increases the responsibility of the sponsors of the services provided,seriously attacks the enthusiasm of proponents of spontaneous outdoor sports.2.The obligations of spontaneous outdoor sports organizers and participants are not clear.In the handling of judicial cases,the people's courts have no clear unified understanding of the obligations of spontaneous outdoor sports participants,different judges don't agree on the issues of voluntary outdoor sports organizers and participants.Increasing or reducing the responsibility of the organizers and participants,which does not conform to the principle of fairness and justice,will have an adverse impact on the development of spontaneous outdoor sports.3.In the case of a written or oral contract between the organizer of the spontaneous outdoor sports and the participant,the respective obligations shall be fulfilled in accordance with the prior agreement between the parties.In the event of an injury accident,the responsibility is divided and assumed according to the contract.If there is no contractual relationship,it shall be handled in accordance with the infringement relationship,the parties involved shall have the basis for the division of responsibility.Make some suggestions:1.The spontaneous outdoor sports organizers and participants sign contracts to stipulate the rights and obligations of both parties before the activities.In the event of an injury accident,the relevant liability shall be assumed in accordance with the contract.2.The Court of Cassation issued judicial interpretation or guidance cases to clearly distinguish spontaneous outdoor sports organizers and sponsors,to clarify the obligations of organizers,sponsors and participants and the criteria for judging whether they fulfilled their obligations.This is not only conducive to resolving the different judgments in such cases,but also conducive to the spontaneous outdoor sports participants to clarify their obligations,better fulfill their obligations,thereby reducing the occurrence of injury accidents.3.Define the scope of application of the principle of fair liability.As a non-punitive principle of compensation,fair liability has greater flexibility in its scope of application,and judges have greater discretion in the process of trial.The ambiguity of the application scope of the principle of equitable liability may lead to unfairness.The application of the principle should be strictly limited in dealing with the cases of injury accidents caused by spontaneous outdoor sports.