The Research On Security Obligation Of Tour Operators

Tourism plays a vital role in the national economy in our country, but on the rear of the development and prosperity of the industry, we see that most travel safety accidents happen frequently, personal and property safety of tourists during the traveling activity has not got real security, and this kind of safety accidents often happen on each aspect of the tourism’s six elements, which has the characteristics of complexity, sudden. A growing number of tourism cases not only involve the tour operators, but also involve the tour assistants,which makes that the cognizance and treatment of actual security obligation is very complicated, so we need take further exploration and excavation.The Tourism law was promulgated in 2013, which is of milestone significance to the The legislation of tourism. In the Tourism Law,the regulations about tourists’ personal and property safety also reflects the progress of the legislation, and that legislators concretely apply the safety guarantee obligation theory to tourism industry.However,this new law can’t please everyone, the development of social activities is protean, so we need to keep a keen awareness and rational thinking, constantly improve the development of law and system, to protect the rights and interests of tourists, protect the safety of tourists, so that our tourism development will have a good running environment.Therefore, in this paper, the writer try to take the integrated use of historical analysis, case analysis, and comparative analysis, through five chapters about security obligation of tour operators.These may be:characteristics of the content, the legal source, boundary determination, legal consequences, the present status analysis,and improvement suggestion through several aspects in detail.The first chapter will mainly introduce the history, definition and characters of Security Obligation. It will also study the conditions of tour operators’security obligation as well as the legal relationship between tour operators and assist tour servers.The second chapter will discuss the criteria, boundaries and extension and liability-pursuing of security obligation so as to make further understand of it.In the third chapter, the author analyzed the legal consequences for tour operators to violate the security obligation, it is concluded that the imputation principles,and liability form of the security obligation violation of tour operators.The fourth chapter will empirically analyze potential problems in the process by the study of conditions of duty performance.The last chapter will put forward some proposals of improvement on the foundation of the above analysis and experience of foreign advanced system.