The Study On The Safety And Security Obligation Between The Friends Of The Brigade

The continuous progress of human society, rapid economic development, for tourist types, as rich and colorful. Among them, outdoor adventure activities is people attention. In recent years, with the improvement of people's economic level, coupled with the society and the fast pace of life, people choose travel more pursuit of freedom, fresh, stimulation, therefore, self-help tour this type of outdoor adventure activities to meet the current needs of people. As a new form of tourism travel hot at the same time also brought many problems, especially self-help travel disputes temporary surge, and of the trial of the judiciary also constitute pressure. At the present stage of our country did not publish clear self-help rules of laws and regulations. In addition, judicial practice Practice in self-help legal disputes more complexity and levity, lead to travel more difficult to resolve. Worth mentioning is, self-help infringement legal difficulty lies in the following points:tours of the scope of the subject of responsibility, self-help travel organizer responsibility scope, the legal relationship between the travel is able to application cases of infringement of legal norm to make the adjustment, self-help swims the imputation principles of how to determine and so on. These legal problems which need to be solved urgently, otherwise the authority of the law will be questioned, is not conducive to the realization of the value of fairness and justice.This paper consists of three parts. The first part is about between the friends of the brigade is responsible for the safety and security obligations of the legal analysis, through the introduction of Henan brigade of the friends of the first case and Cangnan Juxi Grand Canyon tour friends death case, the author from the legal principle theory of law, a legal point of view the relationship between analysis the friends of the brigade is responsible for the scope of the obligation of security, and finally come to the friends of the brigade does not assume the obligation of safety guarantee the conclusion and demonstrated. The second part is about self-help organizers should take the safety and security obligations of the exposition. The friends of the brigade in China claim a first case and 80 tourism groups fall dead parents claims based on on on the organizer is responsible for the security and protection Avoidance obligation disagreement of analysis and demonstration. Finally based on the first duty, risk control, the trust relationship, the principle of fault liability theory considerations that organizers assume limited obligation of safety guarantee the conclusion. The third part is a brigade of the friends of the obligation of security related legal advice. From the legislative, judicial, administrative suggestions. From the perspective of improving the legislation, the law should be clear organizer's safety and security obligations, at your own risk liability principle, for< tort liability law>, the equitable liability principle and disclaimer invalid principle content, raise the professional quality of judges, to ensure the proper exercise of discretion by judicial practice on the one hand, another Aspects under current laws lack, suggest that the Supreme People's Court released in a timely manner some guiding case, realize its reference value. In perfect legislation and judicial norms at the same time, the government should take strengthen self-help tourism risk publicity and education, strengthen the self-help tourism ex ante regulation, improve the emergency rescue system and other measures, to form a brigade of the friends of the security mechanism. The author hopes that through this arouse judicial scholars paid great attention to travel safety and security obligations. Limited by the academic level of the author, this paper if there are omissions, mistakes, hope academic teachers and scholars enlighten me.