Is there really no criminal legal risk in outdoor sports?

Is there really no criminal legal risk in outdoor sports?
Date: 2016-06-30 13:18

Outdoor sports is an activity that has emerged in recent years as an adventure or experience adventure. It mainly includes outdoor trekking, climbing, cave exploration, rock climbing, and diving. After more than ten years of promotion and popularization, the country’s outdoor sports have gradually grown and expanded. However, it should be noted that regardless of professional technical protection or legal risk prevention and control, this sport is still in its infancy, far from reaching maturity. s level. Especially in the prevention and control of legal risks in outdoor sports has not attracted enough attention. Therefore, in this article, the author will combine his own participation in outdoor sports experience for many years, mainly focusing on the legal risks of outdoor sports, and in particular the prevention and control of criminal legal risks.

1. Intentional killing or negligence causing death

I believe many of my friends will be sent this kind of emotion after seeing this title: How can outdoor sports involve murder? Is there any serial killer among those who participate in outdoor sports? No, of course. This is mainly about intentional killing of inaction. Hold grass! Not to kill people? Eyes to kill each other? Of course not. In the theory of criminal law, intentional killing of inaction refers to the act of an actor who is obliged to implement and is able to carry out some kind of positive action, but has not implemented such positive action and resulted in the death of the victim. Well, this is a bit revolved, in other words, you have an obligation to do this thing, and at the time you were completely capable of doing it, but you did not do it, and finally because you did not do it, It directly led to the death of the victim. When you see this, you may say that this is not a matter of lifelessness? NO! NO! NO! Simply seeing nothing to be saved does not constitute legal responsibility. The first and foremost condition is to pursue the responsibility of not acting as an offender in the law, especially the criminal law. That is, you must have certain obligations that must be fulfilled. If you do not have such an obligation, you must not be held accountable for the so-called culprits. . What is the obligation that must be fulfilled? There are three sources of this obligation: first, the law expressly provides; secondly, the behavior required in the office or in the business; and third, some kind of antecedent behavior leads to a dangerous state. The perpetrator must eliminate the obligation arising from this dangerous state. Then, in outdoor sports, our ALICE (please note that I'm talking about ALICE, not just referring to the leader) is there such an obligation? The answer should be affirmative. The source of this obligation is what we call a dangerous community.

A dangerous community is a group that is in a dangerous state or a potentially dangerous state of danger. The team formed in outdoor sports belongs to the dangerous community. In a dangerous community, members have mutual obligations to eliminate dangers and should trust, depend on and take care of each other. If other team members have the ability and conditions to help him when his teammates are injured or in distress, but they still turn a blind eye to their death and death and eventually lead to their death, the teammates of these peers may be prosecuted for intentional killing depending on the circumstances. Or criminal liability for negligence causing death. Of course, in specific cases, the distribution of responsibilities between the leader, the team members, and the teammates with the rescue ability should also be divided.

In general, business leaders have the highest responsibilities, and regular players in AA activities have the lowest responsibility, but this is not absolute. In a 2012 mountaineering accident in Taiwan, an AL friend developed a duodenal ulcer that prevented him from advancing. However, in order to lead the other team members to the summit, the team leader decided to leave only one person to take care of the ALICE. Finally, the sick person was sick. Teammates died because they could not get help in time. Subsequently, in addition to the donkey caretaker of the deceased, other donkeys, including the leader, were all prosecuted by the prosecution to the court for crimes resulting from negligence.

2. Fire crimes

I believe that many old donkeys have had such experience. After a day of heavy hiking, they came to camp and rested. They all hoped to start a bonfire and warm clothes. Bonfires can indeed bring warmth and relieve fatigue, but once poorly managed, they can easily cause forest fires. I have seen players in some outdoor teams return to their tents when the fire is still burning. This is a very dangerous thing. Once the mountainous winds in the night are too high, it is very likely that these Mars will be blown off everywhere, and it is very easy to cause forest fires. Once the mountain fire spreads, it will cause great harm to life and property. Even if you were able to surpass your life at that time, you will also face the possibility of conviction and punishment for fire crimes. Of course, you can argue that you are not intentional, but I am sorry to say here that I am not interested! In this case, it does not make any sense. Because the crime of fire is a kind of negligent crime, its subjective form of sin is negligence. If you can avoid it because of your negligence or gullibility, but it will eventually cause serious losses, you will be held criminally liable. Well, if you justify that I didn't realize that the consequences are so serious, would it be useful? Well, because of negligent crimes, as long as you determine the possibility of your understanding of the behavioral results and you have committed wrongdoing, you can conclude that crime. Throwing a bunch of unmanned bonfires outside can be considered as a fault. You can also use fire and neglect management in the field. Of course, you can be sure that you have met the consequences. Therefore, it is a very important thing to carefully use the fire outdoors to ensure the safety of fire.

3. Crime of illegally killing precious or endangered wild animals or illegally destroying national key protected plants

Outdoor activities often enter deep mountain areas or national nature reserves. There are a variety of wild animals and plants scattered in these areas, including precious and endangered wild animals and plants protected by the state. One of the most important principles in outdoor sports is the principle of minimum impact. It mainly means that in the process of outdoor sports, it is necessary to minimize the impact on the natural environment and damage, environmental protection travel, but this year with the rapid development of this sport, More and more people are involved, but the awareness of environmental protection has not kept pace, resulting in the destruction of the natural environment caused by outdoor sports. Some behaviors are even suspected of criminal offences. The news leaked out on the Internet in 2015 that triggered a hot debate: When a team of donkeys crossed the north-south line of the Tianshan Mountains in Xinjiang, they dug a large amount of wild snow lotus, causing the local vegetation to be destroyed and even triggering a certain degree of ecological crisis. Tianshan Saussurea is a national second-class protected plant and a national third-class endangered species. In accordance with the provisions of the Criminal Code, in violation of state regulations, illegal harvesting of damaged precious trees or other plants under national key protection shall be punishable by imprisonment of not more than three years, criminal detention or control, and a fine; if the circumstances are serious, they shall be sentenced to more than three years but less than seven years in prison. And fined the money. Therefore, these donkey's acts of stealing Wild Saussurea were suspected of illegally destroying the state's key protected plants. Speaking of this, some people may say that Saussurea is not a national key protected plant. They don't know what these acquaintances are! Aren't your criminal laws always speaking about the unity of subjectivity and objectivity? How can you objectively sin? We want to say this first. The is: Ha ha. This classmate, when I installed B, please do not interrupt! Indeed, the criminal law requires the subjective and objective unity, but in the understanding of the object of the crime, as long as it is recognized that snow lotus is a precious plant, it does not require It recognizes which level of protected plant is Saussurea. If you ask again, if they don’t even know that Saussurea is a precious plant, before I answer, please allow me to say another thing: They’ve reinstalled so hard lines, but they’ve worked hard to bring so many snow lotuses out. Do you say that they have not realized that snow lotus is a good thing?

In addition, on the way to outdoor sports, donkeys don’t want to catch any wild animals. On the one hand, these animals play an important role in maintaining the local ecological balance. On the other hand, these animals may also belong to precious and endangered wild animals. Its killing may also involve criminal offences.

4. Deliberately destroying the monuments or crimes of intentional or negligent damage to the cultural relics

I believe that many donkeys have had the experience of climbing the wild wall. There are text tiles in several places around the Great Wall around Beijing. The word brick is written on the Great Wall bricks with dates and locations. For example, on the brick is engraved with the words made in the Ming Dynasty Wanli ten years. I have seen people attempting to remove these bricks from the wall of the broken Great Wall, so they came forward to dissuade them. Because according to the provisions of the criminal law, deliberately damage the national monuments of protection, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment or criminal detention of less than five years and shall be concurrently executed or a single fine. The Great Wall is a national key cultural relics protection unit. This kind of private demolition steals criminal acts that deliberately damage cultural relics and historic sites in the sense of criminal law and is suspected of intentional damage to historical sites. In addition, there are also many outdoor activities organized on the Internet to explore ancient cities and historical sites. If they deliberately or negligently damage the national key cultural relics protection units or provincial key cultural relics protection units during the participation process, criminal offences may also be involved. Therefore, novels such as “Tomb Notes” and “Ghost Blowing Lamps” are very exciting, but we appreciate it, but do not follow the trend and move the cultural relics home.

Conclusion

The reason why outdoor sports are loved by more and more people is that they can give participants more opportunities to experience the unknown, to surpass themselves, and to have the courage to allow people to understand persistence, solidarity, fraternity and respect in this sport. It is precisely because of this that we have to respect nature and respect the law. The author is here to discuss the criminal legal risks of outdoor sports with everyone. The original intention is not just to tell us to abide by the law, but more importantly, to respect our laws and defend our environment, life and freedom. For better life, better collaboration, and better relations between man and nature, we respect and believe in the law.

Expert Profile

Tian Shen, a Beijing native, once worked for the Second Branch of the Beijing Procuratorate and the Procuratorate of Dongcheng District, where he worked as a front-line public prosecutor for 11 years. He was the chief prosecutor and had handled the largest online gambling case in Beijing, guiding the handling of his ancestral name and retention of drug use. The United States and the United States have set up cases with major influence such as casino cases. Currently serving in Elion Resources Group.

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