Study On Tour Operator's Security Obligation

Tourism is an important part of the national economic system and plays an important role in the China's economy.Tourism safety is the basic guarantee for the healthy development of tourism.From the perspective of law,tourism security can not be implemented without corresponding legal system.We should take a specific legal system to ensure security of tour operator.Article 37 of the Tort liability Law provides the basic provisions on the safety and security obligations of the operators.The Tourism Law promulgated in 2013 also has regulations with the personal and property of the tourist security.Above legal with it's regulations for tour security have done a great contribution for tourist personal and property security,and it play a important role in promoting the safety and the healthy developing of tourism.However,a large actual cases of the tour safety shows that the legal is not perfect in dealing with the problem of tour safety,it needs improvement still.The security obligation of tour operators is based on the theory of income and risk,the theory of risk control,the theory of substantive equality and the theory of reasonable trust,including the informing,the duty of safety warning,the obligation of salvation,the prevention of the unlawful infringement,the obligation to stop the duty,the obligation of the qualified staff and the obligation to buy insurance according to the law.In the case of a tourism operator who violates the obligation of safety and security and causes damage to the tourists,and there is no force majeure or the fault of the traveler,he should take responsibility for his behaving.To protect the tourist victims and strengthen the compensation ability of the tourism operators,it is necessary to establish a system of travel compensation margin.