Research On The Problem Of Bear Travel Safety And Security Obligations And Responsibility Cognizance

In the golden age of China now the rapid development of tourism, tourist’spersonal and property safety is the key problem, which involves the relevant problems of safeguard duty of travel agency for tourist. Tilt in practice generallyfocus on the protection of the interests of the tourists, when damage occurs whenwill ask the travel agency liability, with tourism related legal system perfect, pay more attention to the fair and reasonable principle, make its responsibility in thefault range. So the more conducive to the healthy development of the tourism industry, so that tourists will get the corresponding compensation. The author will analyze the content of responsibility theory of safeguard duty of travel agency of the identification, violation of the obligations should bear the responsibility, the travel agency has the obligation of security situation as tourists were harmed,and focuses on the analysis of some complex in practice.This paper is composed of three parts, the main contents of each part are as follows:The first part is the safeguard duty of travel agency identification problem, theory of safeguard duty of travel agency to carry on the analysis, the purpose is clearand how to determine its nature. The first section is the introduction of the caseand the focus of controversy, the second section describes the nature of the theoretical basis of travel safety and security obligations, the third day of travel safety and security obligations identified, the fourth section is the comprehensive case analysis.The second part is to the travel agency breach of security obligations shouldbear the responsibility to carry on the analysis, the first case description and the focus of controversy, the second section is the identification of safeguard duty of travel agency liability. The third section travel agencies do not security obligationresponsibility specific way: analysis of travel agency in violation of security obligations when bear the liability for breach of contract analysis, the travel agency breach of security obligations shall bear tort liability analysis, travel agency did not reach the safety guarantee obligation of the concurrence. Section fourth case analysis.The third part is as security for the travel agency duty case visitors damageresponsibility discussion. The first section brief introduction of the case and the focus of controversy, the second section travel prevent analysis, third person tortobligation second day tourist bus Service Corporation fail to fulfill the obligation of safety guarantee liability caused by tourists damage fourth cases analysis. The problem bear so as to clear the travel agencies and tour assistant third infringement responsibility.