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Civil Liability Research Of The Non-commercial Tours

Posted on:2016-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:H Q HuFull Text:PDF
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In recent years, Self-help travel because of its challenging, especially young peopleof the community had a great attraction. But while this new rapidly growing sport in thecountry, Walks accidents occur frequently, causing serious mental and physical damage to thevictims and their relatives, And because Walks accident caused a lot of legal disputes, such asthe "Nanning ALICE first case" and "Shenzhen ALICE accidental death case" and "2007LingShan Mountain case" and "donkey trail hiking through Xinjiang Shuttleworth die case" etc,families of the victims after the incident, the organizers and fellow ALICE court. Was arousedby relatives of the victims in such cases to the means to carry out relief proceedings, partlybecause China’s relevant laws and norms of Tours civil liability is not clear, after the accident,who should take responsibility for what opinions, how imputation is not clearly defined; Onthe other hand, the relevant legal system is imperfect Walks, Tours emergency system,compulsory insurance system in our country have not been fully established, once theaccident victims and their relatives Walks In addition to litigation, no other can get ways andmeans of relief.In2013our country has promulgated to implement the "Tourism Law," but "TourismLaw" Walks in the relevant safety management responsibility is not clearly identified areas ofspecial provisions. In such cases, on the Improvement of the legal norms of civil liabilityTours is very necessary to study it, one has a theoretical value, build our self-service traveldispute resolution mechanism from the perspective of legal liability, is conducive toimproving China’s tourism Buffet disputes legal liability system. On the other hand, also haspractical significance, through the establishment of various security systems, help legalrights of guaranteed tours participants to avoid similar tragedies. This article is based on thestatus quo of China’s non-business model Walks civil liability,"the Shenzhen ALICEaccidental death case" as a starting point to analyze the current situation regarding civilliability At present, China Tours, Tours summarizes the defects of the civil liability for thesedeficiencies, put forward a sound proposal of tours civil liability, to be able to improve ourself-tour gave modest civil liability, to avoid similar "Shenzhen ALICE accidental death"cases from happening again. The main explanation of the purpose and significance of the research Tours civil liabilityfor the current research were introduced, and the use of innovation theory with practice,comparative analysis and other methods, and this article.This paper consists of five parts, totaling twenty thousand words.The first part is an introduction, mainly to explain the purpose and significance of theresearch Tours civil liability of legal practice at home and abroad were introduced, pointed outthe research methods and innovations article.The second part defines the concept of self-tour, the status quo of China’s non-businessmodel Walks are briefly summarized.The third part is the current situation of foreign non-business model Walks civil liabilityof a brief description, and made its reference to China.The fourth part of the non-business model Walks legislation on civil liability for defects,the part of the relevant provisions of the law Walks sort, analyze the reality of our situation, toreflect the business model of the non-existence of Tours on civil liability legislationinadequate, noting the non-business model Walks contractual relationship and friendshiprelations, said the controversy between the rights and obligations Walks blurred responsibilityprinciple of tort liability controversial principle of the effectiveness of voluntary risk is notclear and other defects.Part V as mainly made some suggestions and recommendations and suggested thedefinition of non-commercial models Walks friendship nature of the act, security organizerclear duty of care, mutual assistance obligations of participants to the principle of faultliability as the responsibility principle, determine the principle of voluntary, non-commercialadventure mode Walks accident liability in tort effectiveness and improve the effectiveness ofthe relevant system.
Keywords/Search Tags:Self-help travel, Tort liability, Safety duty of care, Doctrine of liability fixation
PDF Full Text Request
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