Walks Civil Liability Study

With the development of modern tourism, the convenience of the Internetinformation, a growing number of travel enthusiasts abandon the traditional way oftraveling. Instead, they choose self-organized outdoor adventure tourism activities, whichthey make decision themselves, close to nature and relax themselves maximum. Butmost of the activities are full of danger, the organization is relatively loose. There may beeasy to produce a series of negative effects of the security, because of the unfamiliarenvironment, lack of preparation and self-service experience, and lead to accidentsfrequently occurred. Meanwhile, this problem does not have a clear legal provisions in ourcountry, then the based judgment in the judicial practice are different, all these largelylimit the healthy development of bagpack travelling. In this paper, the author uses acomparative analysis and system analysis method, to discuss from the perspective of tortlaw analysis of the legal relationships between the organizers and participants of bagpacktravelling, clear lines of responsibility defined and basis of liability. The author proposessome suggestions to promote the vigorous development of bagpack travelling. The paperis divided into three parts:Chapter One: Outline of bagpack travelling. This part discusses the meaning andnature of bagpack travelling and organizer. The bagpack travelling activity mentionedbelow is limited to travel companion spontaneously organized for the purpose ofnot-for-profit, in AA system travel behavior.Chapter Two: The theoretical basis of civil liability in bagpack travelling. This partanalyzes theoretical basis of the organizers and participants bear civil liability, stresses thesecurity obligations of organizers and the reasonable limits. The relief obligations betweenthe participants should or not rise as the law defined. Introduce the principle of assumptionof risk, and serve as the defenses of civil liability.Chapter Three: The civil liability of bagpack travelling organizers. In this part, theauthour discusses the imputation principles of the organizers, and definite it should beapplicable to fault liability principle, instead of the principle of equitable responsibility. Analyze from the legislative, institutional and rescue mechanism, to propose therecommendations of the legal norms perfect bagpack travelling.