Analysis Of Security Obligations

Today tourism has become one of the most developed industries worldwide and isboosting China. It has been reputed either as Non-smoking Industry or Sunrise Manufacturing.China’s tourism constituted an important part of mass consumption, the income of whichcontributes greatly to gross domestic product. People often choose professional servicesincluding travel agents, the most common one, for their touring activities. As in this course ofparticipating, some legal relations begin to emerge between visitors and business operators.They, however, received extensive attentions due to frequent safety incidents under thisincreasingly prosperous market.To ameliorate the settlement of disputes arising from touring activities Gazette of theSupreme People’s Court of PRC, edition6.2002, published the case of Xu Jingmin et al. vs.Shengya International Travel Agent Co,ltd., Xuzhou City for Compensation for PersonalInjury. The issue of suite was the accountability for infringement of security obligations. Thestudy of controversial point in this case will provide an applicable reference for resolutionsregarding disputes occurred in such activities. Interpretation of the Supreme People’s Court ofSome Issues concerning the Application of Law for the Trial of Cases on Compensation forPersonal Injury and the Tort Liability Law of PRC both specify security obligations from aperspective of tort law, but their capability to meet the practical need is far from satisfactory.Particular specifications of Tourism Law of PRC adopted by the Standing Committer of NPCat the Second Session of the Twelfth National People’s Congress provide a legal basis for theresolution of disputes experienced by tourists.This essay elaborates the issue on accountability for infringement of security obligationsinvolved in the law suite of Xu Jingmin et al. vs. Shengya International Travel Agent Co, ltd.,Xuzhou City from both angles of Contract Law and Tort Law. It will be analyzed in respectiveof the defects spotted from this mechanism by different ways of responsibility to act asdefined in these two laws and in combination of the relevant foreign legislation, in order toprovide travelers and tour operators with better protections and further development for tourism with improvements of lawmaking and judicable practice.