China News Agency, Beijing, May 24 (Reporter Xing Chong and Xu Pengpeng) The "Yellow River Stone Forest Mountain Marathon 100-kilometer Cross-Country Race" caused casualties and caused many discussions on the safety management of sports events.
As the system guarantee for the smooth operation of society, the law is particularly important to regulate the development of sports events.
In an interview with a reporter from China News Service, Dong Shuangquan, founder and principal of the Sports and Legal Research Center of Beijing Huacheng Law Firm, said that the obligations of event organizers should be clarified from the legal level, and the sports market blacklist system should be strengthened to maintain safety. Bottom line.
What is the legal basis for regulating sports events?
According to Dong Shuangquan, from the perspective of event organization, the main legal basis for regulating marathon events in China at this stage is the "Regulations on the Safety Management of Large-scale Mass Events" and the "Administrative Measures on Sports Events" issued by the State Sports General Administration of China. The China Athletics Association has also issued a series of rules and regulations, such as the Opinions on Further Strengthening the Supervision and Management of Marathon Events.
"But overall, the level of regulatory documents is low, and enforcement is not strong enough, and the actual effect remains to be seen."
It is worth noting that Article 1198 of the Civil Code clearly enumerates the safety guarantee obligations of sports venue operators, managers, and mass event organizers.
"The same applies to event organizers. If they fail to fulfill their safety guarantee obligations and cause damage to others, they should bear tort liability." Dong Shuangquan said.
He further pointed out that as an event organizer, he should pay full attention to his safety guarantee obligations at all stages before, during and after the game.
For example, participants should be fully informed of risks before the competition, reasonable guidance should be provided to participants during the event, drinking water, catering, and supplies should be provided with guarantee facilities, medical staff and emergency medical equipment should be provided, and the injured should be rescued in time. Wait.
However, how to define whether event organizers fulfill their safety guarantee obligations has often become the focus of disputes in sports competition accidents.
In this regard, Dong Shuangquan pointed out that in the absence of statutory standards, industry standards are particularly important.
"In other words, the documents of the State Sports General Administration and the Chinese Athletics Association may become a key factor in whether the event organizers assume responsibility."
How to keep the safety bottom line of the event?
The crowded nature of sporting events leads to intertwined safety risks and hidden dangers.
In addition to the disorderly organization of some events, how to ensure safety is still a major test for marathons and other events.
In this regard, the State Sports General Administration of China has issued the "Sports Market Blacklist Management Measures", and the China Athletics Association has also set certain access conditions for operating companies applying for certification of marathon events in order to establish an industry credit system.
However, at the specific implementation level, the blacklist system and corresponding supervision services still need to be improved.
Dong Shuangquan suggested that while the operating company that has experienced major accidents in the organization of events be held legally accountable, it should be permanently prohibited from holding marathon events; strengthen daily supervision and services in terms of manuals, guidelines, and personnel training. Safe bottom line.
There have also been painful lessons of casualties in the development process of the sports industry in various countries.
For example, after the United Kingdom experienced many football tragedies, especially after the Hillsborough tragedy in 1989 that killed 96 people and injured more than 200 people, it has successively promulgated a number of laws and standards on the safety of stadiums and games.
In this regard, Dong Shuangquan suggested that if necessary, special legislation should be passed to ensure the public safety of the event and further reduce the probability of emergencies.
However, Dong Shuangquan said that the competent authority should also avoid overcorrection, thereby increasing future competition approval procedures and security burdens, and a balance should be made between the safety of people's lives and the healthy and orderly development of sports events.
"Of course, the most important thing is that the organizers, contestants, and the competent authorities must reflect deeply, take a warning, and avoid similar incidents from happening again." Dong Shuangquan said.
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