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Netizen discussion: AA related legal obligations and responsibilities in outdoor sports
Outdoor charm is unlimited, but the risks go hand in hand. Since outdoor activities do not belong to the category of tourism and are classified more as sports, the definition of outdoor sports by the National Sports Management Center includes such words as “with exploration or experiencing the nature of adventureâ€. The so-called AA system is also a non-profit combination, that is, a voluntary combination of two or more natural persons in accordance with the rules of “public funds for everyone, task self-fulfillment, and risk-taking responsibilityâ€.
Nowadays, our country’s legislation in the field of outdoor sports is not perfect. At present, there are no relevant special outdoor laws, and more accidents are classified as civil disputes. In addition to the law of outdoor activities, the court’s applicable laws include “General Principles of Civil Lawâ€. "Contract Law", "Civil Procedure Law" and related judicial interpretations. Except for force majeure factors, the common occurrence of accidents in outdoor AA activities is caused by human factors (such as kicking stones and killing teammates, etc.), generally focusing on whether the members provide reasonable safety protection obligations within their limits. The major mistakes in decision-making (basic judgments basically refer to the law of outdoor activities) are whether or not they will do their utmost to provide relief.
1. Safeguarding obligations within reasonable limits
Article 4 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates: “Natural persons, legal persons, and other organizations engaged in accommodation, catering, entertainment or other business activities or other social activities are not within reasonable limits. The people’s courts shall support the person’s court in compensation for the damage caused to him by the person’s security obligations, and the person’s court shall support the person in charge of the compensation.†Although the AA outdoor exercise is not a business activity, it still belongs to “other social activities†stipulated by the judicial interpretation. One of them, the active contractor (organizer) should still fulfill his safety guarantee within reasonable limits. The so-called "rational scope" must consider the nature and characteristics of the activity and the interrelationship between the participants. Commercial for-profit activities take on more rigorous responsibilities.
Judging from the characteristics of the organization of the event, the AA system outdoor sports partner (organizer) is only responsible for convening participants, arranging route travel (if the line is developed with a lower responsibility), other management fees and activities in all matters Members decide together, and thus this type of management is loose, and the partner (organizer) does not have a great deal of power over the participants. Therefore, from the point of view of organizational form, the partner (organizer) of AA outdoor sports should not assume too heavy a safety guarantee obligation.
In addition, when the partner (organizer) has given a risk warning, and the participant took part in the risk registration, the organizers of the self-help outdoor sports also differed from the organizers of the general social activities. Organizer) The damage caused by the risk of outdoor activities is exempt.
However, it is worth noting that in social activities, the more the consortium (organizers) manage the participants, the more decisions they have, the greater the burden of security, and the greater the responsibility.
2. Is there an obvious and major mistake in decision-making? (Judgment criteria basically refer to the law of outdoor activities)
The determination of the fault of organizers of AA outdoor sports will also be judged based on objective actual conditions. Because in a complex natural environment, every decision cannot be required to be correct, as long as it is not an obvious and significant mistake (basic criteria for judgment is to refer to the law of outdoor activities), generally it does not assume responsibility. Judgment on the natural environment and some activities will not be a violation of common sense, it will be considered one of the risks of outdoor sports.
3. Is there an obligation to provide best-effort volunteer assistance within the scope of safety?
How to judge the safety guarantee obligations and decisions within a reasonable limit, from the past so many case studies to see, there is a difference in the scale of punishment everywhere! As an AA system outdoor activities, this is also as a companion (organizer) need to pay attention The place, and the active, scientific, and best-effort aid, is based on the premise that it is necessary to ensure the safety of other members of the event before they launch an obligation to rescue!
4. Other administrative penalties
Please refer to the regulations on mountaineering management that have already been issued in various provinces and cities (such as Sichuan, Xinjiang, Shaanxi, and Gansu). However, violations of its management regulations only impose administrative penalties and fines on groups and all members!
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