Research On The Security Obligation Of Ski Resorts In China

Under the background of the Winter Olympic Games,skiing sports in China are developing well,and the number of skiing participants is increasing year by year.Meanwhile,ski injuries are frequent and legal disputes are increasing,which has aroused public concern.In the course of judicial hearing,whether the ski resort fulfills its security duty has a great influence on the judgment result of the case,however,There is no specific scope and reference standard of the duty of safety protection in Chinese law,the judge in the judicial practice for the ski resorts security obligation also enjoy greater freedom rights by the referee for trial brought a lot of controversy.It is urgent to summarize and summarize the corresponding empirical research in order to seek the judgment gist of this kind of cases and get the corresponding guidance method.In this paper,the security obligation of ski resorts is taken as the research object,and literature review,text analysis,interview and other research methods are comprehensively applied.Through collecting the judicial judgment documents of the skiing resort sports injury accident disputes,the paper sorted out and analyzed the current situation of the judicial judgment of the skiing resort safety guarantee obligation cases.Combined with the case,this paper explores the reasonable limit range,determination standard,consideration factors of the safety guarantee obligation of China’s ski resort,as well as the identification of legal responsibility for breach of obligation.Finally,from the legislative and judicial level,the author puts forward suggestions to improve the safety guarantee obligation of the ski resort,and puts forward suggestions to fulfill the safety guarantee obligation of the ski resort.The main conclusions of the study are as follows:First,there are frequent injury accidents in ski resorts.There are unclear facts in the judicial process and inaccurate grasp of legal provisions.There is no specific standard in law,and there are many cases of judge’s discretion.The principle of attribution of liability and the determination of liability are controversial;Whether risk can be used as a defense is controversial and other issues.Second,the ski resort has a reasonable range of security obligations,covering both personal and property safety.There are three standards to determine whether the ski resort has fulfilled its safety obligation,namely,legal standard,industry standard and special standard.In practice,factors such as ski project characteristics,skier characteristics,third party infringement should also be considered.Third,when determining legal liability,the principle of fault liability should be regarded as the main imputation principle and the principle of presumption of faultshould be applied as the auxiliary principle.The elements of the liability for violation of the security obligation of the ski resort include four aspects:damage fact,failure to fulfill the security obligation,causality and fault.Common defenses involve risk and victim fault,it is not mature to take the risk as the defense,and it is more feasible to take the fault of the victim as the defense.Fourthly,suggestions for improving the safety guarantee obligation of the ski resort include making judicial interpretation and issuing guiding cases,clarifying the determination standard of safety guarantee obligation,comprehensively considering various factors in the process of judicial judgment,reasonably applying the principle of liability and the requirements of responsibility identification.Fifth,the ski resort to fulfill the safety guarantee obligation of the suggestion:from the law to obtain the qualification,pay attention to the skiing industry norms,protect all kinds of skiing groups,improve the ski resort safety guarantee system several aspects,efforts to reduce the ski resort sports injury,so as to avoid the legal risk.