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Legal Analysis On Security Obligations Of Self-Service Travel Organizers

Posted on:2014-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2256330401478325Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the Self-Service Travel has increasingly been accepted as a mainform of travel. This kind of Travel brings participants the spirit of joy; however, italso leads to many legal disputes. As our country has no such special laws andregulations to regulate disputes happened in the Self-Service Travel so far, thedomestic courts can only analyze the interrelated legal theory and verdict based onspecific cases. In this case, the judges hardly form a unified convincing judgment tomake right decisions. As a result, the victims cannot get a legal compensation, whichseriously damages the obligee’s interests and affects judicial authority.In this paper, the writer deeply studies the China’s first Self-Service Travel cases—Nanning, Guangxi ALICE distressed personal injury compensation disputes.Integrated with existing laws and regulations, the writer discusses whether theorganizers of the self-service tour should obligate the security of participants.First, the writer analyzes the concepts and characteristics of the Self-ServiceTravel and its organizers. The Self-Service Travel is a kind of social activities thatallows participants to control their own activities during their tours, such as makingdestinations, arranging time and choosing itineraries. It can fully highlight theself-will. The organizers of the Self-Service Travel are always the non-profit naturalperson or social groups that have capabilities of controlling the activity.Second, the author analyzes the legal liability status of Self-Service Travel organizer. At present, China does not have specialized laws to regulate theSelf-Service Travel. Also, there are also disputes and disagreements on whetherSelf-Service Travel organizers have security obligations in academia.In view of thissituation, the author analyzes whether Self-Service Travel organizers should bear thesecurity obligations on theoretical and legal relationship basis and holds that theSelf-Service Travel organizers should assume responsibility for security obligations.When analyzing the legal basis, the author discusses the organizers’ securityobligations by referring to foreign basic theory including the hazard control theory,the trust relationship theory and the social costs theory, combined the features ofSelf-Service Travel. When analyzing the legal relationship between organizers andparticipants, the author makes the statement from the view of non-legal relations,contractual relations and Infringement relations, involving several academia opinionson the organizers’ security obligation. From the non-legal relations perspective, sincethere is no such favor relationship between organizers and participants, organizers’rescuing behaviors can not simply be considered moral act, under which situation theorganizer is not liable to any legal responsibility Risk assumption principal whichcommonly be used in solving outdoor sports disputes, and can not entirely exemptresponsibility of the Self-Service Travel organizer either. From the perspective of thecontractual relationship, organizers and participants can signed a contract to clearlydefine the organizers’ security obligations. If there is no agreement upon securityobligations, the principle of good faith will be applicable to decide the securityobligations as subordinate obligation. From the view of infringement relationship, theSelf-Service Travel organizer is one kind of social activities organizer. It shouldcomply with the regulation of security obligation of social activities organizers. Giventhe fact that such regulations still have some defects, the author suggest that thedomestic courts should make reasonable judgments by involving the features of theSelf-Service Travel and analyzing the basis of tortuous conduct in judicial practice.At last, on the basis of comprehensive analysis regarding whether organizersshould be liable for the security obligations, the author suggest that, concerningloopholes and defects in law, the legal status of the Self-Service Travel organizers and the relationship between participants and organizers should be defined in legislationand the application of risk assumption principles in Self-Service Travel cases shouldbe determined accordingly.
Keywords/Search Tags:The Self-Service Travel organizer, Security obligation, Legal analysis
PDF Full Text Request
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