On The Liability Undertaking For The Tourists' Personal Damages Caused By The Performance Supporters

In the current world,tourism industry has been called as the "eternal sunrise industry",and gradually becomes one of the important ways to develop national economy.However,As consumption of tourism is becoming more and more prosperous,the phenomenon of tourism disputes also become increasingly complicated.The subject of tourism disputes involves tourists,travel agencies and the performance supporters and so on,which makes the responsibilities between each other tends to be complex,especially when the tourists' personal injuries or property losses are caused by the performance supporters,dividing the responsibility of the performance supporters and travel agencies is a problem.And,the performance supporters and travel agencies often appear mutual buck-passing phenomenon in reality,meanwhile,different judgments for similar disputes are also made by the courts due to the related laws and regulations are not perfect enough,which will go against the protection of the tourists,rights and interests and the healthy development of the whole tourism industry,Thus handling such tourism disputes has became a realistic and urgent problem.Meanwhile,our officially Tourism law has just came out,it distinguishes the responsibilities between the performance supporters and travel agency for the damage of tourists to some extent,therefore,this paper tries to instruct the responsibility for tourists' personal injuries or property losses caused by performance supporters based on the relevant laws and regulations which have been established before and the relevant regulations in the Tourism law,in order to give some help for the similar tourism disputes in judicial practice.This paper is divided into six parts:The introduction mainly introduces the background of research and significance of writing,including tourism disputes are increasingly diverse and complicated,the Tourism law attaches great importance to protect tourists' rights and interests,etc;The second part comes up with questions from a case,first introducing the basic information of the case,then expounding the final judgment and the its basis,finally leading to the theme this paper will discuss which is the responsibilities for the tourists' personal injuries or property losses caused by the performance supporters;The third part mainly analyzes the legal relationship of tourists,travel agencies and performance supporters to discuss on who will take responsibility for tourists' damage;The fourth part is to instruct the legal status of performance supporters,first introducing the definition of performance supporters in order to make clear their status,and then further discussing the legal status of performance supporters;The fifth part analyzes the issues of the liability for the tourists' personal injuries or property losses caused by the performance supporters,this section uses the binary system of responsibility,separately discusses the liability for default and tort and then makes simple analysis on the competition and cooperation of liability for default and tort;The final part makes a summary for this paper.