Legal Analysis On Civil Responsibility In Self-Service Travel Accident

With the improvement of people’s living standards, tourists are not satisfied with the old tour-style any more. Self-service outdoor travel, as a kind of budget travelling to explore nature, is becoming popular. However, accidents occurred frequently in self-service outdoor enthusiasts who want to conquer nature. When bereaved families want to seek relief through legal proceedings, it was found that the legal norm for self-service travel is nearly blank. Firstly, the paper raises issues by analyzing two similar cases with different sentence. Then using the research methods such as literature, deductive reasoning, and combine related basic theory with the focus issues of the cases to investigate and draw a conclusion. At last, the paper gives recommendations on how to regulate self-service travel in practice and how to prevent and control the risk of self-service travel. This paper is divided into four sections.Section one: The cases with different sentences indicate that the focus issues for the civil responsibility in self-service travel accident can be analyzed and summarized as following: safety and security obligation, assumption of risk rule and fair sharing of the risk loss rule.Section two: discourse analysis on if there is legal relation exist in self-service travel. And draw a conclusion that self-service travel is friendship behavior instead of juristic act.Section three: through analyzing the three issues which were raised in section one, states that originator shall be under obligation to ensure the safety within reasonable extent, assumption of risk rule shall be applied in self-service travel and fair sharing of the risk loss rule shall be applied rigidly by court.Section four: provide recommendations for the civil responsibility in self-service travel accident according to the conclusions which were summarized by aforesaid sections. The recommendations including the legislation should clear define the application rules of safety and security obligation, assumption of risk rule and the fair sharing of the risk loss rule. Besides, the risk pre-warning system, business access system and rescue system should be established and improved.