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2011年国庆期间,一批登山者在攀登四川省四姑娘山景区过程中擅自变更攀登路线,从而被困山中,由于变更路线,救援队伍只能盲目搜救全面撒网再加上恶劣环境影响,耗费了大量救援资金。再加上近年来“驴友”户外登山遇险情况的频发,引起了社会关于救援费用承担以及救援机制的广泛讨论。本文从紧急救援以及民法的角度分别分析了救援费用是否该由责任人自身承担,并通过借鉴国外户外救援的经验结合我国实际情况提出了在我国构建规范的户外救援法律制度的一些设想。
During the National Day of 2011, a group of climbers changed their climbing routes during the climbing of Siguniang Mountain in Sichuan Province. As a result, they were trapped in the mountains. Due to the change of routes, the rescue teams only blindly search and rescue the net and add harsh environmental impacts. A lot of relief funds. Coupled with “ALICE ” outdoor mountaineering distress situation in recent years, causing the community to rescue the cost of commitment and rescue mechanisms for a wide range of discussions. This article analyzes whether the rescue expenses should be borne by the responsible persons from the perspective of emergency rescue and civil law, and puts forward some tentative plans to establish a standardized legal system of outdoor rescue in our country by drawing lessons from the experience of overseas outdoor rescue and combining with the actual conditions in our country.