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Civil Liability Research Of The Accident In The Non-commercial Tours

Posted on:2014-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:N XieFull Text:PDF
GTID:2246330398985238Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Along with our economic development, tourism industry in our country has a prosperous development. Traditional model for travel can not demand tourists any more, which bring a new developing tourist form, Self-help tour. More and more tourists choose this form because it gives more personality and freedom. However, the increase of tourism disputes has become a legal issue in modern society.On one hand, due to the victims often unforeseen the sudden accidents and can not give the substantial evidence, they have to court all the self-help travel companions, in order to safeguard the legitimate rights and interests of their own; on the other hand, travelers without any fault also feel injustice. How to balance the rights and obligations among the victims, organizers and other participants has become the difficulty of such cases.Before the implementation of the tort liability act, the judgment of the "Nanning travelers" bring a lot of discuss. In2010, after that implementation, most cases in our country can be ruled by law, which ensure the victims get legal help. But in actual operation, due to the diversity of the infringement behavior itself, and complexity of accident responsibility, in most cases, we can’t just rely on the tort liability act effectively to solve the contradiction between the parties. At the same time, most study of the theory of the accident responsibility is the analysis of the contract between travel agent and the victim liability tort liability. Although these studies have provided valuable theoretical basis to the development of self-help tourism in our country, among the numerous studies, research for accident responsibility of self-help tourism is still lacking.It is due to the lack legal regulation and relevant theoretical research, China Tours can not have a healthy development, the legitimate rights and interests of the self-help tourists also can not get effective maintenance. Therefore, we should establish and improve the system of self-help travel accident tort liability under the Non-commercial tour mode on the basis of legal theory and practice. Only in clear of the non-commercial Tours pattern and the meaning of the accident, can we have a reasonable judge. In that way, we can then put forward more perfect legal basis to effectively alleviate the contradiction between the victim, organizers, and other participants. What’s more, not only it gives the benefit of the person suffering damage relief, but also it strengthens the legal supervision for equality and justice between the parties, which also propel the healthy development of self-help travel, and maintain the social stability and harmony.
Keywords/Search Tags:Self-help travel, Sudden accident, Tort liability, Safety duty of care, Doctrine of liability fixation
PDF Full Text Request
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