| Outdoor sports since the 1980 s began to rise in our country,has always been a people embrace nature,challenge themselves,exploration and the pursuit of stimulation of the main choice,favored by the masses,and with the development of the medium of information network,more and more participation,mostly in organizational and management to the main development of outdoor sport,but due to the natural environment,the organizer organizational capacity lack,participants in the outdoors,the reason such as the lack of safety skills,a high incidence of outdoor sports safety accidents each year,raises a number of civil disputes,There are many disputes about whether the organizer and other participants should take the responsibility of personal safety and the scope of the organizer.But,our country current law the provisions of the guarantee liability of the personal safety of outdoor sports is relatively fuzzy,is still a lack of clear recognition mechanism,the judge discretion in judicial practice have different scales,different connection with the given phenomenon is more,therefore,how the judicial practice on the basis of the current law clearly organized outdoor sports safety guarantee liability issues related to prompt us to think and solve.This paper USES case analysis,literature research,comparative analysis and other research methods,by a typical case raises "organized outdoor sports safety guarantee responsibility" the focus of the problem,around organized outdoor sports safety guarantee liability,responsibility main body,except for the reason of liability fixation of the rights and obligations,and responsibility,etc.,focus on research and ideas to think,think the organizers and other participants shall be liable for safety guarantee,put forward the specific content of the safety guarantee obligation,the application of the imputation principle,except for the reason that,how to undertake the responsibility of views and Suggestions,Thus,it provides the theoretical basis and practical basis for judicial practice to deal with the personal safety protection liability dispute of organized outdoor sports,removes the shackles of the difficult problems in the personal safety protection liability dispute of organized outdoor sports,and provides the legal guarantee for the healthy development of organized outdoor sports. |
