A Study On Security Obligation Of Self-funded Travel Organizers

The law society should be a society which can safeguard effectively people’s social interaction. Emphasizing security in social activities is the care and respect to oneself and others’lives, also is the goal of every country’s law. This paper introduces the security obligations from Tort Law, takes the self-funded travel organizers as the research object, analyses the reasons why organizers should be responsible for travel companions’safety and organizers’legal responsibility when they violate the security obligations. This paper is divided into four parts. The first part introduces the method of identifying the self-funded travel organizers and legal relationship between organizers and travel companions, and also puts forward a new view about self-funded travel organizers’identity to follow the nonprofit behavior standard and the public interest standard The second part comes to a conclusion that the trust theory is basic theory of self-funded travel organizers by reviewing security obligation theory such as the risk control theory, the reward theory and the social cost theory. The third part summarizes various cases related to security obligations, sums up the travel organizers’security obligation including informed of the risk, risk aversion and risk reduction. The fourth part analyzes systematically the tort liability when the self-funded travel organizers violate the safety obligation, inferences that self-funded travel organizers violating security obligations should apply the presumption of fault liability principle and the particular element of torts, and also puts forward a view that assigning responsibilities in accordance with the causes of stress on damage effect. This paper mainly uses the case analysis way, comparative analysis method and so on, combined with typical cases i, and discusses the self-funded travel organizers’security obligations. The author puts forward his own ideas about the infringement imputation principle and damages of the self-fund travel organizers, hopes to settle the dispute of self-funded travelers’personal injury compensation in practice and contributes to security obligations system’s perfection.