Study Tours Security Obligations Organizers

During recent years,independent travel has been developing rapidly in our country.Atthe same time,the number of accident occurred in the travel is also increasing.However,Related legal protection mechanism has not yet been established.Which make thejudges could not find a suitable legal basis when they faced with such problems.For the onlyform of the legal aspects of the analysis on the case,the decision has often led to socialcontroversy．Full-text is divided into four parts：Chapter I,The basic theory of independent travel.Firstly I defined and classified theindependent travel.Then I made a distinction between the sponsor and organizer ofindependent travel.Finally I analyzed the nature of the independent travel.Chapter II,Safety and security obligations of independent travel organizers.In thischapter I defined the concept of independent travel organizers’ safety and securityobligations.By means of the analysis and comparison method to explore the rule of law inour country, I concluded that this obligation has the dual nature of the contract law and tortlaw.I also Analyzed the legal basis about independent travel organizers burden theobligation and discussed the content of this obligation.Chapter III,The independent travel organizer’s liability for breach of contract. In thischapter I analyzed the constitutive requirements and exemptions of the liability.Chapter IV,The independent travel organizer’s tort liability.This chapter first analyzedthe relevant provisions of the tort liability act.In my opinion,article6should be applied tocases instead of article37. I also analyzed the constitutive requirements and exemptions ofthe liability.This paper makes innovative research mainly from the following aspects.Firstly, Imade a distinction between the sponsor and organizer of independent travel.They shouldundertake different duties.Secondly, according to the different organizers I divided theindependent travel into two forms,business model and non-business model.The former iscontract relationship and the latter form friendship relations.Thirdly, I analyzed the relevant provisions of the tort liability act.I also analyzed the constitutive requirements andexemptions of the liability.