The Legal Analysis Of Self-help Tourism

With the constant development of the society, self-help tourism has been widelyreceived owing to its feature of unabashed individuality, closing to nature andself-relaxing, especially among the young people. Meanwhile, self-help tourism alsobe risky. In reality, the frequent safety misadventure has brought about heavypersonal and property loss to the traveler.There is not any law concerns about the self-help tourism and the legalrelationship and organizer’s property are not clear. And the existence of differences inthe determination of legal responsibility had led to some controversies. Therefore, thelegislation in respect of self-help tourism to show unequivocally the rights andobligations is urgently needed in our country. This article takes the Tort Law asked asa perspective, analyses the legal relationship and tort liability of self-help tourism,combines legal difficulties in our country, puts forward perfect countermeasures andhopes to make some contribution to the sound development of self-help tourism andpromote the tourism legal construction in our country. This article can be divided intofive parts:Chapter one: summary of self-help tourism. This chapter first introducesdifferent definitions about " self-help tourism " in the academic world and proposesits own definition. Then, it analyses the legal characteristics of self-help tourismincluding total capacity、autonomy risk and non-profit etc.Chapter two: the study of legal relationship of self-help tourism. This chapterfirst introduces the subject of legal relationship of the self-help tourism, then analysesits legal relationship and the character of organizers. It is the understructure of thewhole article. Chapter three: tort obligation on the analysis of self-help tourism. This chapter isthe key point of the whole article. The author stated is in three parts: the componentsof tort obligation, doctrines of liability and exemptions. It analyses comprehensivelythe characteristics of tort obligation in self-help tourism.Chapter four: problems exists in the self-help tourism. In this chapter, the authorbegins with the "Huangshan Gate Affair of Fudan University", analyses differentkinds of problems happened in our country including the deficiency of proactiveregulation and supervision the ambiguity of legal obligation and imperfection ofassistance mechanism etc.Chapter five: proposals on perfecting the budget travel in our country. Thischapter is problem-solving. It puts forward concrete proposals bases on the theoreticalinvestigation in the first three chapter and combines the problem in chapter four.