Strengthen the responsibility of safety and security, improve the ability of danger protection
winged flying female college student's death draws attention to expert advice
□ Our reporter Han Dandong
□ Qi Zengbei, an intern in this newspaper
"I think my life should be the sea of stars, and occasionally when I return to the city buildings, there will be a strong sense of unreality." Previously, Liu Mouzeng, a female college student who lost wing flying in Tianmen Mountain Scenic Area in Zhangjiajie City, Hunan Province I have written such a passage.
On the morning of May 18th, Liu was found in a dense forest below the north side of Yuhu Peak in Tianmen Mountain, and no longer had vital signs. Search and rescue personnel found her parachute at the scene and confirmed that it was not opened. Her body was found at an altitude of about 900 meters above sea level, a straight-line distance of about 2,000 meters from her take-off position on an air helicopter, and a relative drop of about 1600 meters.
According to a report from the Tianmen Mountain Scenic Area in Zhangjiajie, on May 12, a cultural media company in Beijing filmed extreme sports documentaries in the Tianmen Mountain Scenic Area in Zhangjiajie. At 11:19 on the same day, the two winged pilots who took part in the shooting took off from a helicopter with a flying height of about 2500 meters and carried out a high-altitude winged flight. The wrecked female winged pilot deviated from the planned route during the flight, resulting in loss of contact.
Winged flight mortality is high
How to determine legal liability
Wing-mounted flight refers to the flight of a wing-mounted flying person jumping from high places such as high-rise buildings, bridges, cliffs, and helicopters, and performing unpowered flight in the air. Under normal circumstances, the flying height of the pilot is limited, and it is necessary to adjust the posture and open the parachute bag in a short time. Therefore, wing-mounted flight is extremely challenging and adventurous, and is called "the most extreme sport in the world".
In 2011, Jeb Chris, the world ’s top wing-mounted flying fighter, jumped from a height of 2,000 meters and successfully flew through Tianmen Cave, becoming the world ’s first wing-mounted “flying man” to cross Tianmen Cave.
His jump brought wing-mounted flight into China.
According to BFL statistics from the skydiving data website, from 1981 to January 2020, there were 383 deaths from parachuting and wingsuits. This shows that wing-mounted flight is extremely dangerous.
It is understood that athletes' speeds in the air exceed 200 kilometers per hour. Once they encounter sudden airflow, they are likely to lose control and improper handling may also hit other objects. Due to the high risk, the threshold for becoming a winged flying athlete is extremely high. The challenger must have 200 skydiving experiences, and must be strong, responsive, and coordinated.
Is there any legal liability involved in this incident? In response, Han Yingwei, a senior partner of Beijing Yingke Law Firm, said that according to Article 37 of the Tort Liability Law, managers of public places such as hotels, shopping malls, banks, stations, entertainment venues, or organizers of mass events, If the safety guarantee obligation is not fulfilled, causing damage to others, it shall bear tort liability. If the scenic spot has fulfilled the obligations of safety guarantee and risk notification, it shall not be liable, otherwise, it shall bear relevant responsibilities. In the same way, the same is true of the shooting company.
"The legal responsibility of scenic spots, shooting companies and wingsuits depends on the specific legal relationship between the three." Zhu Xiaofeng, an associate professor at the School of Law of Central University of Finance and Economics, believes that if scenic spots are related to shooting companies and wingsuits According to Article 37 of the Tort Liability Law, as a manager of a public place, it has a security guarantee obligation for tourists in the scenic area if there is no other special contract agreement, etc. If the security guarantee obligation is not fulfilled , Then it should bear tort liability.
For the shooting company, if it signs a contract with the winged flight show and pays for the winged flight show, the shooting company should be in accordance with the 35th Law of Tort Liability Article bears the responsibility corresponding to the degree of his fault. If the shooting company is only the organizer of the performance event, and does not form a labor relationship with the victim, then it also has the security guarantee obligations stipulated in Article 37 of the Tort Liability Law. If the security guarantee obligations are not fulfilled, it should be assumed Corresponding tort liability.
"Considering that wing-mounted flight itself is an extreme sport and has a high degree of risk, the victim, as a senior wing-mounted flight performer, should be fully aware of this risk and have sufficient ability to predict the damage that may be caused by flight, Therefore, under the current legal system, the liability of the infringer can be reduced according to Article 26 of the Tort Liability Law. "Zhu Xiaofeng said.
Increase safety awareness
Improve the regulatory accountability mechanism
Reports are common when participating in extreme sports accidents. How do you determine the relevant responsibilities?
Han Yingwei said that the relevant responsibilities should generally strictly follow the liability principle of the tort liability law. Article 6 of the Tort Liability Law stipulates that the perpetrator infringes the civil rights and interests of others due to his fault, and shall bear tort liability. Article 7 of the Tort Liability Law stipulates that if the perpetrator damages the civil rights and interests of others, regardless of whether the perpetrator is at fault or not, the law stipulates that he should bear tort liability, in accordance with its provisions.
"Extreme sports involve not only the freedom of human behavior, but also the rights of life and health of the perpetrators and the social and public interests related to them. Extreme sports should be properly regulated to raise the qualification entry threshold for the corresponding event organizer and strengthen the organizer ’s The fulfillment of safety and security responsibilities, strictly implement the legal responsibilities when their duties are violated, and ensure the standardization of the corresponding extreme sports. "Zhu Xiaofeng believes that for extreme sports people, because extreme sports involve people's basic freedom of behavior, the law should not be excessively intervened. .
In the interview, Han Yingwei suggested to strengthen the examination and approval of extreme sports events, qualifications of related companies and the practice of extreme sports personnel, strengthen training, and "certify to work"; strengthen the supervision of extreme sports, especially strictly implement the extreme sports accountability system , Improve the extreme sports protection measures, enhance the danger protection ability; improve the safety protection awareness of extreme sports people, and enhance the extreme sports self-protection ability.
While promoting the development of extreme sports, how should we further strengthen management? Han Yingwei believes that, first, strengthen the supervision of extreme sports protection measures in scenic spots, strictly restrict activities beyond the usual capabilities of extreme sports people; second, increase the legal and self-protection awareness of extreme sports people, and carefully consider extreme sports; Third, extreme sports-related companies should establish a family risk notification system and implement relevant insurance provisions.