Self-help self-help outdoor activities If there is a danger to life, the recruiter can be exempted?

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Hello! I am a fan of outdoor climbing activities. Nowadays outdoor mountaineering and adventure activities in some large and medium-sized cities are relatively popular activities. There are many outdoor websites. People who like this activity can find friends online to go hiking or adventure spontaneously. The cost is AA. The promoters (ie, recruiters) or team leaders of those events are called "head donkeys." The "donkeys" who participate in the activities are also voluntary, and some have purchased special accident insurance, while others do not. Of course, it is inevitable to encounter dangers and even life threats during mountain climbing and adventure activities. What I want to ask is:

1) In the event of spontaneous convening, if there is an accident, what responsibility should the head donkey take?

2) If the words "in the event of responsibility" are indicated in the recruiting post, can the head donkey be disclaimed? 3) Is there any way to disqualify the donkey?

Please enlighten the legal profession, thank you very much!

Answer: Shi Jiming

Domestic Mountaineering Management Measures

The National Sports Administration Order No. 6 “Administrative Measures for Domestic Mountaineering” was approved by the Director General of the State Sports General Administration on July 11, 2003 and is hereby promulgated. Director Yuan Weimin July 25, 2003 “Article 1 These Measures are formulated in accordance with the “People’s Republic of China Sports Law” to promote the development of mountaineering in China and ensure the standardization of domestic mountaineering activities.

Article 2 These Measures apply to the mountain climbing activities of independent mountain peaks above 5,000 meters in Tibet Autonomous Region and other provinces, autonomous regions and municipalities directly under the Central Government.

Article 3 The State General Administration of Sport is in charge of the national mountain sports and the National Sports General Administration Mountaineering Management Center shall organize and implement the specific management.

Local sports administrative departments manage mountaineering activities in their administrative areas.

The Chinese Mountaineering Association and the local mountaineering associations at all levels assist the sports administrative department in managing the work according to its charter.

Article 4 The provincial-level sports administrative department shall designate peaks for climbing in accordance with the conditions in the region, and after the approval of the State General Administration of Sport, the provincial-level sports administrative department shall publish it separately.

Article 5 Holding a mountaineering activity shall form a team with the following conditions:

(a) initiated by a company with legal personality;

(2) Two or more members, and participated in the basic training and physical training of mountaineering knowledge and skills organized by the mountaineering associations above the provincial level;

(3) Equipped with mountaineering trainers or mountain guides with corresponding qualifications, a mountaineering instructor or mountain guide who leads at most 4 players;

(d) All members of the team must pass the physical examination of Class 2 hospitals or above for barrier-free conditions;

(v) Equipped with basic equipment such as cold protection, communications, living, and medical equipment that meet the safety requirements.

The climbing team must not take in foreign athletes.

Article 6 The climbing team sets up the leader (captain). The team leader (team leader) organizes and manages team activities and members. Team members should obey the command of the leader (captain).

Article 7 An application shall be made for holding a mountaineering event.

To climb the announced peaks, the sponsors of mountaineering activities should apply to the provincial sports administrative department where the mountain peak is located one month before the implementation of the activity.

To climb unpublished mountain peaks, the sponsors of mountaineering activities shall apply to the provincial-level sports administrative department where the mountain peak is located three months before the implementation of the activity.

Climbing the peaks at the junction of provinces, autonomous regions, and municipalities directly under the Central Government, approved by the provincial-level sports administrative department on the side of the climb, and notified the provincial-level sports administrative departments at the other side of the border. For example, the controversy between the provincial sports administrative departments at the junction of the mountain and the peak is decided by the State Sports General Administration.

Article 8 When climbing mountain peaks of over 7,000 meters, the sponsors of mountain climbing activities shall apply to the State Sports General Administration for special approval three months before the implementation of the activities.

Article 9 The following documents are required to apply for climbing activities:

(a) the application;

(2) certification of the legal person qualification of the sponsor of the mountaineering activity;

(3) List of all members of the mountaineering team and their resumes for hiking;

(d) Climbing team mountaineering trainer or mountain guide qualification certificate;

(e) Mountaineering plan;

(6) list of equipment;

(7) Other required documents.

Article 10 If the applicant agrees to apply, the approving department shall issue to the State General Administration of Sport the "Certification of Mountaineering Activities." The approval department is a provincial-level sports administrative department, and the results of the approval shall also be filed with the State Sports General Administration.

Article 11 If there is any matter that needs approval from other competent authorities in the mountain climbing activity plan, with the "Certification of Mountaineering Activities", the sponsor of the mountain climbing activity may entrust the approval department to handle the matter.

Article 12 The provincial sports administrative department where the mountain peak is located shall be responsible for providing advisory services to the mountaineering team including information and materials such as traffic, climbing routes, meteorological characteristics of the peak areas, and precautions.

Article 13 The climbing team shall change the season, route or peak of climbing and shall apply again.

Article 16 When a mountain climbing team has a major accident during a mountaineering event, it must report to the approval unit in time and take corresponding measures. ”

1. According to the above regulations, in the activities of climbing mountainous activities above 5,000 meters in the Tibet Autonomous Region and in other provinces, autonomous regions, and municipalities directly above the Central Government, it is necessary to obtain statutory permission. Therefore, the "head donkey" is calling you When climbing the above-mentioned mountain, if there is no statutory permission, an accident occurs and must bear the corresponding responsibility (may be civil liability or administrative responsibility, or even possible criminal liability).

2. This clause cannot be exempted. According to the relevant legal principles, the obligation arising from the previous behavior of the perpetrator (in this case, the convening of the "head donkey") (the protection of the team members to do their best to avoid injury) is its The law defines that the "head donkey" cannot state in the post the words "conspiracy in the activity". Even if this clause is written, it will not be legally binding.

3. If the “head donkey” has fulfilled its statutory obligations during mountaineering activities (such as mountaineering applications, protection of team members from injury, timely rescue after an accident, etc.), then I personally think that “head donkey” should have nothing responsibility.

The above represents only my personal opinion and is for reference only.

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