Study On The Limits Of Safeguard Obligation Of Travel Agency

Security obligations of the problem of "reasonable limit" has become a hot and difficult problem of theory and practice research. In terms of travel, whether should have security obligation will be to identify the key elements of the responsibility. "The judicial interpretation on compensation for personal injury" article 6 will be further defined as "reasonable limit" "to prevent or stop the damage zone", regulation of security obligations in "tourism law" include beforehand prevention duty, safety warning and accident rescue obligations, etc. Only on the abstract legislation, in the face of the tourism sector specific cases, determine whether the travel agency has standard of security obligation is still not clear, and the theory and practice on the issue of research also needs to be perfect.Analysis method in this paper, the integrated use of ethics, interest measure method, comparative analysis and case typed analysis and other research methods, trying to from two angles of theory and practice to investigate the travel agency the obligation of security guarantee system and its concrete contents, to explore the boundaries of travel security obligations. By analyzing relevant theory and typical cases, summed up the more specific the travel agency judgement standard of security obligation.In this paper, the introduction part elaborated the selected topic background and research value, the existing rules and research results are reviewed, expounds the research status at home and abroad and the development tendency. The text is divided into four parts:The first chapter is the origin of problems by two case than to draw out plans to solve the problem. Two case shows that the judge’s perception of "reasonable limit", the first sentence is a combination of specific case making detailed explanation to "reasonable limit", while the second copy of the judgment of the reasonable limit of are one has brought. This aspect is the differences and the difference of individual judges quality, caused by on the other hand because of the lack of a specific "reasonable limit" standard.The second chapter is the theory of the travel security obligations, the analysis of the related to determine the reasonable limit of five theories:theory of risk control, predictability, trust relation theory, responsibility from the theory and the theory of cost benefit. Through the analysis of these theories, the travel agency the obligation of security features are presented:one is the spatial variability and uncertainty on the scope of (will changes with the change of tourists are in place).,2 it is duty time range of finite (from travel to play before the end of the period). At this point, the travel security obligations with more specific decision criteria, whether it in every place each time, done my duty.The third chapter is on the basis of the second chapter, starting from the typical cases in the practice, embodies the obligations. Travel security obligations including provide meet safety standards before duty of the premises, choose safe and reliable travel to fulfil the obligation in the auxiliary one, for the tourists’ insurance covered by insurance against liability for travel agencies and remind the obligation of the personal casualty, before basic obligations associated with tourism activities, to ensure that the travel guide has the obligation of legally, does not exist in the tour group endanger other tourists duty of the personal and property safety of people, asking tourists condition of seven aspects, such as the obligation of content; Play in the process of security obligations including food, accommodation, transportation, traveling, shopping, entertainment six aspects of the content; When danger happening need the tour guide and other related personnel carefully analyzing the source of the damage behavior, strength, and own the ability to control and prevent dangerous or damage, organizational security personnel in a timely manner to take emergency measures; Danger of security obligations including timely response and active assistance obligations, properly handle the aftermath of the obligation, the obligation to report to the tourism administrative departments in accordance with the three aspects of content. If the travel agency in the appropriate place, appropriate time to fulfill its obligations, the specific it has security obligation. In addition, for the minors, the elderly, pregnant women and people with disabilities, this paper also expounds the scope of its special obligations, the travel agency negative higher standard of obligation, the "higher standards" should be combined with the specific details of a case.The fourth chapter is about the obligation of security defense travel agency. Compared to the third chapter described the security obligation, in the face of force majeure, unexpected events, tourist own fault (or concealing physical reality) and tourists from risk, the travel agency is difficult to foresee the danger at this time, less likely to take preventive measures, so I can relief some of its security obligations.This article conclusion part in generalization and sublimation, on the basis of preceding made three conclusions, in order to travel security duty to provide the limits of the judgment standard for reference.