A Brief Talk on Protecting the Safety of Self-service Outdoor Sports from the Legal Level

Abstract: The article discusses the principle of imputation for the occurrence of risk events is how to make up for the loss after the occurrence of risk events. Self-service outdoor sports participants pursue the experience of outdoor sports, but no one is willing to sacrifice their health, or even their lives. The author believes that while protecting the experience of outdoor sports, how to protect the safety in advance from the legal level is particularly important. And, although the principle of "Participants take their own risks and bear their own responsibilities" has been established, is there no obligation for self-service outdoor sports participants? The answer to the above questions is for the purposes of this article.

Keywords: Self-service outdoor sports | Risk prevention | Responsibility

I. The Nature of Self-service Outdoor Sports and the General Principle of Imputation

Self-service outdoor sports are amongst donkeys, non-profit and mostly AA -style outdoor sports, aiming to participate in group outdoor sports. Because it is not tourism, there is neither a legal relationship between the participants nor a legal relationship between the participants of outdoor sports service contract. They are in a relationship of free organization, voluntary participation, self-management and risk-taking.

Because of the above characteristics of self-service outdoor sports, the principle of imputation for self-service outdoor sports in judicial practice is usually as follows: when the participant is a person with full civil capacity, and the peer has not infringed upon the participant's civil rights and interests due to his fault, and the peer has fulfilled his due responsibilities and obligations, then the participant accepts the risk and bears his own responsibility.

II. The Risk Prevention Measures of the Event Convener

The convener of self-service outdoor sports mostly issues announcement through QQ group or WeChat group, and those who are interested in participating in the event group. Many times, the convener of the event will form discussion groups or chat groups for the event. In such groups, one or several people will be responsible for arranging or discussing the reasonable route, departure time, itinerary, equipment requirement, purchase of insurance and other matters.

In addition to determining the above matters, the convener should also give safety reminders and precautions to the participants through WeChat group bulletin or face-to-face notification. In the case of sudden situation, such as self-service sports of mountain climbing, it should be rained the night before or on the same day because of the rain and slippery, the activity convener should reinforce warning or take other measures to avoid the risks, and if necessary, it should delay the beginning or cancel the event.

III. The Team Leader's Risk Prevention Measures

Because of the danger of self-service outdoor sports, there is often one or more team leaders. Because there is no mandatory qualification accreditation system for the team leader engaged in outdoor sports in the current laws and regulations, there is no agreement on the requirements of team leader in outdoor sports.

When assigning a team leader, one should try to choose those who are in good health, have at least participated in activities similar to or higher than the intensity and difficulty of the route, have received professional training from the relevant agencies, and have the basic knowledge and ability of rescue.

IV. The Risk Prevention Measures of Peer Players

Before departure, one or several people should be responsible for arranging or discussing the rescue and emergency plan, and attention should be paid to the physical strength, outdoor comprehensive quality, whether there is relevant experience and so on of the participants.

After the occurrence of a risk event, the peer players should be free from fault and have done the necessary duty of care and rescue, provided that they comply with the duty of care of ordinary people.

V. Choice of Location

While carrying out self-service outdoor sports, one should try not to choose enclosed areas, undeveloped areas, high-elevation areas, and

Mountainous areas with complex environment. Those without relevant experience should try their best not to participate in extreme outdoor sports.

VI. Fair Sharing of Loss

It has become the common practice and consensus among the participants in self-service outdoor sports that the participants accept risks and bear responsibilities themselves. However, if the convener, team leader or team leader fails to take risk prevention measures in accordance with Items III, IV, V and VI of this Article, it may have to share the loss of certain proportion in accordance with Article 1186 of the Civil Code of the People's Republic of China, which provides that "if neither the victim nor the actor is at fault in the occurrence of damage, the loss shall be shared by both parties in accordance with the law".