The organizers’ responsibility of recreational and sports activity under the rule of assumption of risk JIAO Yanling
(School of Law，Tianjin Normal University，Tianjin 300387，China)
Abstract: Assumption of risk established by the civil code increases the responsibility of recreational and sports activities’ organizers. Since other participants are exempted from liability, the event organizers become the only responsible subject, and its liability changes from supplementary liability to direct liability, the right of recourse also disappears. Event organizers were often judged to bear the total damage or share total damage with the victims, which leads to them acting as a substitute for other participants. Event organizers are the backbone of the development of recreation and sports cause. Even if they can not benefit from assumption of risk, they should not be more adversely affected by this rule. When determining event organizers’ responsibility, the proportion of faults of other participants and victims should be taken into consideration. That is to say, the "overall approach of comparative negligence" should be applied appropriately, which is conformed to "the corresponding supplementary liability" stipulated by the civil code.
Keywords: sports law；recreational and sports activity；assumption of risk；event organizer；overall approach of comparative negligence；the corresponding supplementary liability