A Study On Safeguard Obligations

With the development of social economy, outdoor adventure activities has been deeply the life of people, more and more tourism enthusiasts like a different kind of tourist activities-self-help, to pursuit of a traditional tourism could comprehend fresh and exciting. However, the associated is, this kind of tourism disputes dramatically increase the number of cases, the complexity of the case are also on the increase. At present, the legislation of our country about self-help activities of the standard is still not clear rules details can be quoted, and in daily life such cases will always emerge many unexpected situation, which causes a lot of new problems. Attention shall be paid to the is, in civil tort case, tourism disputes the proportion that has gradually increase, this kind of case is difficult, self-help organization sponsors to the participants and whether they should be responsible for the safety obligations? And the obligations and how to define the specific? Only use the traditional tort principle to judge safeguard obligations of the subject category, to define its responsibilities, can truly be fair justice, and safeguard judicial authority?Self-help in China as an emerging thing, which produces tourism disputes typical cases is not much, the limited experience for reference. But all types of travel of the infringement cases in a rash is in before the judicial organs must address a question. This article through to "ZhongGuiQiong, ZhangSiXin, a new lawsuit, MaZhaoLong violation of safeguard obligations case" empirical analysis, discusses the case involving the focus of self-help organization sponsors--what if any safeguard obligations? And combination of case, found some of the current law is not perfect face hidden behind the case and the relevant assumption of risk principle understanding use, and then presents from infringement field safeguard obligations angle and complementary with assumption of risk to deal with the similar disputes principle Suggestions are given, and in the face of such cases analysis methods and approaches to further promote self-help safeguard obligations on the development of the system of perfect, thus for our country tourism infringement trial work to do what little one can to help.