Research On The Responsibility Of Tourists For Damage Caused By Wildlife In Scenic Spots

In recent years,with China's wild animal protection consciousness constantly strengthen,at the national and social level,more emphasis on the protection of wild animal,and protect the rights of the victim to suffer abuse did not pay attention to the wild.For a long time,the public and the wild animal contact is not much,but with the rise of tourism,the number of scenic spots to leisure,vacation,tourism has increased year by year,people choose the destination preference for wildlife protection,good scenery,so the event in the scenic area of wildlife against tourists frequently appear in newspapers,and such disputes in a variety of ways,there is not a unified standard,the legitimate rights and interests of the victim is not guaranteed,have had a bad influence on the development of the wild animal protection and scenic area.The issue of this paper is the responsibility of tourists damage caused by scenic wild animal,regional cap in the scenic area,combining with the scenic area is bound to operators of security obligations,and this special group of tourists are often signed tourism service contracts and tourism service providers,tourism has suffered damage liability of breach of contract.For an event caused by a number of a plurality of liability,compensation obligations,and existence of the concurrence of liability,the victim should be more conducive to the realization of the rights from their own perspective,choose the best way to safeguard the legitimate rights and interests.At present,the wild animal infringement liability is not included in the civil law and tort liability law,which is the lack of legislation in our country.Both the relevant legislation of the constituent elements of wild animal tort liability is not clearly defined;the imputation principle of tort liability of the wild animal is not reasonable and omission;subject of compensation and the scope of compensation should be clarified;the relief way is too single.Moreover,the existing administrative compensation system can not meet the needs of the reality.In order to better protect the rights and interests of the victims,increase the awareness of wildlife conservation,to avoid the opposition between people and wildlife,to promote the harmonious development of the ecological environment,to cope with the responsibility of wildlife damage.Based on this,it should be in order to raise and domesticated animals,the risk of hazard as the standard,re define the scope of damage to the responsibility of wildlife.At the same time,the establishment of the principle of no fault liability,the introduction of civil compensation system;remodeling of the constituent elements of responsibility,by the five elements into four elements,and increase the exemption;perfecting the relief system,and introduces the system of liability insurance.