The Exploration On Some Legal Issues Of Self-help Tour

With a character of “showing individuals personality, being closer to nature andloosening body and mind”,self-help tour is a new type of tour, which attracts more and morepeople’s concern and participation. The internet has become the most main intermediary forthe communication among participants in self-help tour. Most of organizers and participantsshare their views on the Internet. The whole process of tourism is arranged and organized bythe participants themselves. It is completely different from traditional way of the tourism withtravel guide. In contrast, tours of the participants have more space that belongs tothemselves. And the purpose of organizers of the self-help tour is not for profit, but for thepleasure brought by the tour.The traditional tourism has many advantages, but we should alsosee, compared with the traditional tourism, the high risk of self-help tour also don’t us toignore. First of all, in self-help tour activities, most of the participants just because hobby,they lack of the professional ability to planning the tour; second, most of the destinationchosen by self-help tourists are inaccessible, and in the travel process there are a lot of suddenfactors, so the risk may be increased. Plus most tourists don’t have well responsecapabilities,lack of professional rescue knowledge, so compared with the traditional tourism,the risk of self-help tour has increased several times. In China about the self-help tour don’thave related laws and regulations, in some cases occurred in the past, the court usuallydetermine the organizers of the tours for some responsibilities, but it really is a fair judgment?It needs to be identified.In the theoretical circle the existing legal relationship between organizers andparticipants has two kinds of views: one is the tort relationship; the other is contractrelationship. Because our country law of self-help tour has not made specific provision, the judge disputes can only according the theory of law, so it is particularly important to clearself-help organizers’role in the selg-help tour and the legal relationship between organizersand participants. In this paper we according to the self-help tour typical types, online callednon-profit tourism way as the analysis object, combined with the organizers and participantsself-help contact process and tourism characteristics analysis self-help organizers andparticipants belong to the contract relationship.Civil law claims that everyone is equal, we can’t ask a person in all cases to bear fullresponsibilities. This is why the civil law stipulate the defenses reason. In this temporarygroup Tours, organizers as the sponsors, although they have more responsibilities thanparticipants, but the organizers and participants is still equal in the position, just the role isdifferent. If after the accident, regardless of circumstances, regardless of conditions ask theorganizers bear all the responsibilities, that violated the original intention of the civil law.Inview of this, this article combined with the characteristics of self-help activities and inpractice most courts requirements the organizers take responsibilities, mainly analysis thedefenses of organizers.In order to better balance the relationship between the parties of self-help tour, and to beable to properly resolve disputes,so at the last, we according to the self-help activities’problems putting forward some suggestions. To establish the Tourism Law and the organizersaccess system, to enhance the outdoor knowledge of the participants.In addition,we shouldestablish a complete rescue system and the national rescue-based, while allowing individualsto set up rescue companies.