Research On The Responsibility Of Outdoor Sports Organizers For Safety And Security Obligations

Outdoor sports first flourished in Western countries,from the 1980 s or so began to be introduced to China,with the domestic economic growth and social living standards to improve,residents for physical exercise more attention,so that outdoor sports are widely popular,and gradually developed into popular,popular,suitable for all ages of mass sports.Due to the naturalization of the sports environment,the lack of organizational ability of the organizers,the lack of safety skills of outdoor sports by participants,etc.,the incidence of outdoor sports personal safety accidents is high year by year,which has caused many civil disputes,and there are many disputes about whether the organizers and other participants should bear the obligation of safety and security,the scope of the organizers,and so on.This article first starts from the case,whether Tang Mou,as the initiator of this cycling activity,is identified as the organizer of the activity,which is not only a matter of fact,but also a very important legal issue.By elaborating the two classifications of outdoor sports and different outdoor sports activities under different organizational forms,spontaneous outdoor sports and non-extreme sports are relatively loose in their form of activities and relatively low in the risk factor of sports activities,and the criteria for identifying organizers are more complex;organized outdoor sports and extreme outdoor sports are relatively stable because their activity forms are concentrated and regular,the relative risk coefficient of sports projects is relatively high,and the criteria for the identification of organizers are relatively fixed,focusing on considering whether the organizer assumes leadership.Secondly,the scope of the safety and security obligations that the organizer should deal with for this outdoor sports activity was discussed,mainly focusing on the influencing factors.The main body type and control tightness of the organizer,the factors to be considered include whether the market is the main body,whether the profit-making behavior is implemented,and the organizer’s own professional and experience;the risk control of the reasonable limit under the type of outdoor sports,the activity organizer’s own professional and experience,activity attributes,and the actual characteristics of outdoor sports;and the factors before,when and after the occurrence of damage in outdoor sports activities are all considerations of the scope of obligations.Finally,issues such as limitations on the obligation to safeguard safety were discussed.The restrictions on the safety and security obligations of outdoor sports are discussed from the aspects of self-willing risks,exemption clauses,and fairness principles.This article believes that if the organizer of outdoor sports has strictly fulfilled the obligation of safety protection in accordance with the law,then according to the principle of self-willing risk and the legal effect of the disclaimer,fully consider the autonomy of the participants’ intentions,and handle the case under the guidance of the principle of self-willing risk and fair responsibility,so as to protect legal justice and open up a good activity environment for the development of outdoor sports.