In recent years, with the booming popularity of outdoor activities such as hiking and exploration, incidents of "backpackers" getting into distress have been increasing, sparking widespread discussion in society. Should outdoor activities be regulated by law? How can the government effectively supervise them? And who should bear the cost of public resource losses incurred in rescuing distressed "backpackers"? Regarding these issues, experts suggest that self-guided outdoor activities with certain exploratory elements should be brought under legislative regulation, ensuring their safe and controlled development.
Lack of regulations is the main cause of frequent accidents
In recent years, incidents of "backpackers" getting into distress have occurred frequently across the country. When the reporter entered the keyword "backpackers in distress" into an online search engine, the surprisingly large number of results—652,000—was striking, with most of the distressed "backpackers" engaging in outdoor activities such as hiking.
What are the underlying causes of the frequent accidents involving "backpackers"?
According to the "2010 China Outdoor Safety Accident Research Report" released by the Blue Sky Rescue Team of the China Emergency Rescue Alliance, the report collected outdoor accident data from 22 provinces, with Beijing and Shaanxi being the most accident-prone areas. Shaanxi reported 40 incidents, with 15 fatalities, the highest in the country; Beijing had 33 incidents, resulting in 4 deaths (3 drowning cases and 1 heart attack). Among the causes of accidents, getting lost was the primary issue, accounting for over 51.6% of all outdoor accidents, mainly due to a lack of outdoor knowledge, insufficient personal capability, and inadequate preparation.
"The absence of mandatory entry standards easily creates safety hazards," an industry insider involved in outdoor activities revealed to the reporter. In recent years, the rapid expansion of the outdoor activity participant base and the frequent occurrence of domestic outdoor safety accidents are mainly due to "backpackers" lacking outdoor knowledge, having weak safety awareness, and organizations with low entry barriers—even casual team formations through online posts. At the same time, the lack of relevant industry laws and regulations, as well as travel safeguards, is also one of the main reasons for frequent accidents. "Additionally, venturing out without professional guides, proper equipment, or knowledge of the local terrain also leads to frequent accidents."
The professional also pointed out that many "backpackers" violate regulations by entering restricted areas of national or related scenic spots, which is currently a challenge in managing outdoor activities. Among these, unauthorized climbing has become a persistent issue in China's mountaineering and outdoor sports. Since 2001, accidents caused by unauthorized climbing have accounted for about 85% of all mountain-related incidents.
Who should pay for the waste of public resources?
The reporter noted that after frequent accidents, public resources are often mobilized for rescue operations. As a result, almost every distress incident triggers public concern for the "backpackers" while also sparking debates over whether rescuing them wastes social public resources.
During interviews, some residents of Guangzhou expressed that the various costs incurred in rescue operations represent a waste of public resources, and that individual risky behavior should not be borne by public resources.
"Mountain climbing and exploration are certainly citizens' freedoms, and receiving government rescue is also a citizen's right. But the boundary of freedom and rights lies in adhering to the rules of obligation: for example, not adding to the social burden or treating public resources as a private playground." Some citizens believe that embarking on adventures driven by a desire for excitement, without knowledge, equipment, or skills, and disregarding the worries of family and society, is not fundamentally different from illegal behaviors like drunk driving.
Of course, others hold different views. Mr. Feng, a Guangzhou resident and fellow "backpacker," believes the notion of "waste" is untenable. While exploration is a personal act, they are also taxpayers and fully entitled to public resources and services. Moreover, no one intentionally puts themselves in danger, and even with the best preparation, accidents can happen.
The reporter found that compared to the low cost of "backpackers'" hiking trips, the rescue operations they require after getting into distress not only demand substantial manpower but also incur extremely high costs.
On September 30, 2011, a hiking team of 14 "backpackers" was crossing Siguniang Mountain in Sichuan. Instead of following the registered route in the scenic area, they took a temporarily closed dangerous path and failed to return on time. The families of the "backpackers" suspected they were missing or in danger and called for help. A total of five rescue teams, involving 1,000 personnel, were dispatched across Aba Prefecture, Sichuan Province.
On January 27 of this year, a Fujian tourist, Chen, fell off a cliff while climbing the third peak of Siguniang Mountain. Following the accident, the Siguniang Mountain scenic area deployed six rescue teams totaling 45 people. On March 19, Li Xiong, a "backpacker" from Bijie, Guizhou, fell into the 215-meter-deep "Fairy Cave" in Muzhuo Township, Zhenxiong County, Yunnan Province, and died. The Guizhou Youth Volunteer Emergency Rescue Team spent three days searching and only recovered the body of the distressed "backpacker," but the operation consumed 50,000 yuan in equipment, vehicles, food, and fuel.
Outdoor activities urgently need legislative regulation
Regarding the question of whether "rescue costs should be covered by the government," Associate Professor Ye Caiyong from the Law School of South China Normal University pointed out that first, "backpackers" engaging in hiking and exploration are purely civil acts to realize their self-worth and should be recognized by society. As adventure travel becomes a trend, incidents of distress and rescue will inevitably increase. Beyond reminding "backpackers" to "be truly prepared" and improve their risk avoidance abilities, how to change rescue methods to improve efficiency and reduce resource waste should be put on the agenda. "Our country should establish a rescue cost-sharing model involving the government, society, and individuals, rather than leaving it all to the government. Especially for those 'backpackers' who knowingly violate regulations, individuals should bear all the costs."
"Out of humanitarian considerations, it is unquestionable to use public resources to rescue distressed 'backpackers.' However, it is important to distinguish whether the distress is caused by natural disasters or human error, or by the 'backpackers' own violations, and treat these cases differently," said Jiang Bo, a legal expert and deputy to the Guangdong Provincial People's Congress. "The frequent accidents involving 'backpackers' indeed remind us that outdoor activities now require legislative regulation. This legislative work will be very complex and involve a wide range of content. I believe that if legislation is to be enacted, the scope of outdoor activities must be clearly defined and detailed."
"For the safety of 'backpackers' during outings, relying solely on self-discipline and education is not enough. First, laws must be used to regulate and define the boundaries of 'backpackers' behavior. The state should promptly introduce basic legislation or policies for managing outdoor activities. Where conditions are not yet met, local people's congresses and governments can be authorized or guided to enact local regulations or rules in accordance with the Legislation Law," said Yang Aibin, a lawyer from Guangdong, in an interview with the reporter.
Yang Aibin's view is that in addition to legislation clarifying the scope and definition of outdoor activities, an access system should also be established, covering the business entities, projects, and access methods of outdoor activities. The form of access directly involves the division of labor among management departments, as well as issues like fees and liability sharing. Furthermore, outdoor safety, rescue, and insurance issues should also be included in the scope of legislative regulation. Currently, outdoor rescue is in a very awkward position: some provinces or cities rely mainly on government rescue, some on spontaneously organized civilian rescue agencies, and some on a joint government-civilian mechanism. Among these, civilian rescue organizations face issues such as funding, professionals, and rescue responsibilities when carrying out tasks, which must be clarified. On the other hand, current outdoor activity accidents mainly involve personal injuries to "backpackers," focusing on civil compensation. Administrative responsibilities such as vegetation destruction, unauthorized entry into scenic areas, and the sharing of rescue costs are still in their infancy and in a gray area, urgently requiring the development of relevant legislation to promote and improve.
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