A Study On Tourist Agency' Security Obligation

Along with the speedy development of our country's tourism,tour has already been a common entertainment of people,while the legal relationship of tourism also became common and complexity.However,the legislation of tourism is still in a some degree backward position;although there are some official or regional regulations,they are all very simple and even contradictory with each other,and those which restrict the tourist agency' security obligation are still lacked,therefore,it aggravates the negations of tourists' personal as well as property safety.Although some official regulations ordered that the tourism administration should carry out its duty of supervision and the tourist agency to take some necessary steps to protect the safety of traveling activities,once some accidents happened,it always lacks direct,clear and sufficient laws to solve those disputes but depends on the attitudes and policies of the regional government to resolve them.What the laws pursuit is security which is one of the laws' value and common interests of the whole society.The security obligation is founded for the laws to ensure the social security,and it exists in many regulations' of social life.The sixth regulation of "Application of Law for the Trial of Cases on Compensation for Personal Injury" which is Promulgated by Supreme People's Court has directly ordered the obligation of ensuring the security.The security obligation of the tourist agency is the concrete modality,which is a kind of obligation used by the agency to protect the personal and property safety of tourists.The insurances of the tourists 'personal and property safety is the basic obligation of the tourist contract and fundamental guarantee of the tourists' entertainment, therefore,the travel agency must take necessary measures to ensure the personal and property safety of tourists.However,this obligation also has some restrictions,that is the obligation only take effect during the traveling,once finished the travel,the obligation also ends simultaneously.If it is the tourist agency faults that cause some damages to the personal and property safety,the agency must carry out effective acts and take responsibility.In the light of backward condition of our tourism legislation,we must perfect our legal system to carry out the security obligation and effectively ensure the personal and property rights.Therefore,the author suggests resolving this problem from the fundamentals,which is to combine the tourist contract,tourist insurance,and tourist security principle as well as accident compensation together,including psychological compensation etc.Then,we should make those laws systematically in order to objectify those regulations,let the tourist agency pay attention to the personal and property safety of tourists,rebuild the harmonious relationships between the agency and tourists and stimulate the healthy development of tourism.