Legal Research On Self-service Travel

Since the advent of self-service travel, it was fraught with accidents and unlawful infringement. The travel companions will unavoidably damage the others’ interests while at the same time meeting his own tourist’ goal. But due to our country’s unclear regulation on self-service travel activities, which makes the legal relationship among "tour pals" uncertain, let alone make clear their rights and obligations. During the judicial practice, the court always makes trails according to the Civil Law Principles, or similar provisions even out of moral considerations. Taking the case cited in this essay for example, the original court firstly confirmed that the defendant’s action do not have illegality and do not have wrong-doings, thus the court indicted that the defendant fulfilled his responsibility and in no need of bearing the compensation liability. In the meantime, the court ruled that the defendant should be liable for sort of the accuser’s economic damage. This case’s judgment standard is uncertain and can not solve the problems completely. Therefore, in the judicial practice, it is eager to find out a more plausible way on the basis of the current legal regulations and trails while combining the relevant theories.This essay takes self-service travel as research subject, puts out the question out of a self-service travel damage dispute and analyzes each question one by one through the way of putting theory assessment first and case assessment second. There are five chapters apart from the introduction and summary.The first chapter puts forward the questions to be discussed out of a case. How to define the notion and the feature of self-service travel? Is there exists a legal relation among the travel companions? How do the "tour pals" bear legal liability when there is an accident? Is the case cited in this essay applied to the principle of burdening loss fairly?The second chapter defines the notion and feature of self-service travel. This part defines the notion and feature of self-service travel on the basis of analyzing and assessing the scholars’ different views on it.The third chapter analyzes the legal relations of self-service travelers. This part forms a connecting link between the preceding and the following. This part gets a conclusion through summarizing and analyzing the scholars’ different views on the relations among the self-service travelers that is the independent travelers’ relation is hierarchical and should be given concrete analysis in specific cases and can not be treated as the same.The fourth chapter analyzes the legal liability of the concerned subject when there is an accident. This part is the core of the whole essay. Firstly, it analyzes the legal liability the organizer should bear according to the Principle of Liability Without Fault. Secondly, it elaborates the legal liability in case of accidents the organizer might bear using the risk-sharing theory. Last, it expounds the legal liability the other self-service travelers should take according to the previous analysis.The fifth part is the application of the risk-sharing rule. The risk-sharing rule, as a damage coordination mechanism, has great practical significance in applying to the self-service travelers’ dispute when our country’s law has no clear definition on the related problems concerning the self-service travelers.