Research On Security Obligation Of Travel Agency

With the rapid development of tourism, tourist safety has attracted more and more attention. Tourism activity has the inherent risk, the law should require tourism travel agency bear obligation of security for tourists. Group travel is still the largest proportion of the tourism activities, the travel agency plays an important role. The Security obligations is a new type in the field of tort law, security obligation of travel agencies is not only embodied the nature and characteristics of security obligations, and has its unique connotation, there has many problems in the process of tourism disputes. Although the existing laws and regulations involved, but poor operability. Therefore, this is a worthy problem to study.This paper is mainly divided into five parts.The first part leads to the travel security problems existing in the practice of duty by the Supreme People’s Court of guiding case "Jiao Jianjun case". The first introduces the case that the tourist Jiao Jianjun injured because of safety accidents in the process of tourism, and therefore sued the travel agency breach of security obligations and ask for compensation. Then pointed out that the focus of controversy in this case is the travel agency whether to fulfill the obligations. Secondly, In the case of assist people’s error, Travel agency shall bear the security obligation and how to bear. Finally, through the case induce problems of the travel security obligations in the practice.The second part introduce the general theory of the obligation of security. Included its connotation, characteristics, nature, contents, basis. Through the above analysis, we can have a more clear understanding about the travel agency, this part provides a very good theoretical support of the problem solving.Some of the controversial theory, the author elaborates on the basis of previous studies, and proposed own view. Travel security is security obligations embodied in the tourism activities, both at the legal level is in line. the theory of the obligation of security are analyzed on the basis of its existence and contents.The third part is about the three problems and causes of travel security obligations in practice. Include the obligation of safety guarantee reasonable limit on travel agency; the case of different subjects in violation of security obligations; the problem of the imputation principle of security obligations. Present situation and necessity of solving the problem of the analysis, demanding for unlimited travel security obligations, it is not reasonable. The current laws and regulations is not clear and is not conducive to tourism disputes. "Tourism law" clearly the travel agency of unreal joint and several liability without fault, which is bound to increase the travel agency business risk, it is unfair to the travel agency. These problems are worthy to discussed.The fourth part is the experience of foreign travel security obligations of the reference. The main analysis of Germany on the security obligations of the operator shall, through the case to show that Germany through compulsory transformation, strengthen supervision and obligation of security obligations, does not agree with the absolute obligation of safety guarantee. At the same time, we should distinguish different breach of contract and tort liability rules. For the Japan, we can learn the complete system of laws and regulations on tourism, tourism related industry scope, business activities, behavior criteria. With the implementation details, and timely revise according to the changing situation. The classification system of travel agency of the travel agency to bear varying degrees of security obligations provided a basis.The fifth part is the problem of travel security obligations of the perfect proposal. Including the reasonable judgment, analysis the reasonable factors to its scope of responsibility and consideration. Clearly different form of liability and the fault liability principle as a suggestion to the travel agency. Travel security obligations is the legitimate rights and interests of tourists’ security, but it does not mean that we must sacrifice the legitimate interests of travel agencies. To clarify the different forms of liability to clear what kind of responsibility. For the application of no fault liability, the legislation should be cautious. The principle of fault liability for the travel agency liability in case of fault, the two sides can better balance between travel agency and tourist’s rights and interests, promote the healthy development of the tourism industry.