| which helps us to relax ourselves and alleviate our nervousness. Pal-travelling as a new freer travelling pattern has fascinated more and more people especially young people by its easy organizing, flexible agenda arrangement and high-degree of participation during the whole process. According to statistics showed by a famous domestic travel website, above 80% travelers would like to choose pal-travelling pattern.However, the widely-welcomed pal-travelling has caused a lot of disputes at the same time. And the absent legal rules on this matter have posed a big challenge for courts. This paper has surveyed typical cases happened in recent years in our country and summarized the difficult legal issues encountered by courts. These legal issues include the legal relations among pal-travelers, whether they should take the safety guard obligation among them, and whether self-risk-taking rules should be applied to such cases.The author analyzed the legal issues related to pal-travelling, crystallized the legal relations among the participants, and defined their legal rights and obligations. In the case of accidents happened during pal-travelling, the safety guard obligation should be treated differently from different perspective according situations. Once such cases entered legal process, they should be tried based on the attributable rules of Chinese tort law. In general, the attributable rule of negligence should be applied. However, since the specific characteristics of such cases, the exempt situations should be differentiated from common tort cases. The paper have more detailed comments on this. Whether these legal issues encountered by courts can be simply solved by legislation? In other words, whether all these disputes happened in pal-travel can be avoided by more well-defined legislative rules? Opinions differ on this. The author puts forward his conclusion on these issues which hopefully will be conducive to the sophistication of travel law. |
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