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The Research Of Damage Burden For Self-tourism

Posted on:2016-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:K X HuangFull Text:PDF
GTID:2296330461951135Subject:Law
Abstract/Summary:PDF Full Text Request
Self-help travel is a form of travel of the current emerging in our country, the participants of self-help travel generally have the same travel preference, which can decide the tourism activities in play time, schedule and cost control. Self-help travel to meet the demands of tourists exploration of its new forms of tourism at the same time, also produced many controversial issues. Given the self-help tourism development time is short in our country, the quality of participants is uneven, and risks security exist, tourists damage events often appear, which has produced many legal disputes. Because there is no legal provisions about this problem in our country, the present legislation activities legal responsibility cannot be defined and divided into different parts, previous similar events in the court’s decision has also had a lot of controversy.This article uses the case analysis of the paper form, in order to select the three well-known In case of social representative "mountain", "Nanning case", "Wenzhou drifting case" for example, according to the case found reflected the case for the existence of difference and to introduce in this paper, processing method and research topics- damage burden of self-help tourism research. In this paper, through analysis of the legal relationship between the parties define the self-help tourism, and combining with the characteristics of self-help travel industry in China with the establishment of the legal principle of the processing self-help tourism damage accidents, and at a reasonable and accurate definition of self-help travel between civil subjects of legal responsibility.In addition, the author tries to analysis studies of the self-help tourism organizers and participants burden responsibility according to the application of the principle in present liability law.For establishment of the system and related supporting measures needed in the industry, clearing distinctions in self-help travel organizers needed responsibility at the same time, on the other hand should also be responsible for its scope of the strict limit, both to protect the legitimate rights and interests of the self-help travel participants, and can maintain good self-help tour organizers activeness, stabilize the market order, promote the development of self-help tourism boom.
Keywords/Search Tags:Self-help travel, Tort liability, Doctrine of liability fixation, Security obligation
PDF Full Text Request
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