The Theory Of The Security Obligations Of The Organizers Of The Self-help Tourism

"Human security is the supreme law," according to the well-known saying of the sociologist Robert Hobbes can infer that personal security plays a central role in the law.With the rapid development of modern technology,the improvement of information,transportation and other living infrastructure,people are facing more and more security problems while improving their living standards.And the law keeps pace with the times in such a background is particularly important.The improvement of living standard and the popularization of tourist center system have set off the trend of tourism all over the world.The continuous development of tourism industry has given birth to a more innovative and personalized form of self-help tourism,which is especially pursued and admired by many young people and sports enthusiasts.More and more people choose the convenient and free form of self-help tourism in pursuit of better travel experience.The core of self-help tourism is "self-help",that is,to make their own plans themselves,to plan the itinerary and content,and organize their own tourism team and deal with related financial and personnel management issues.As self-help tourism do not appear for long time in China,organizers and participants also lack mature experience,and the qualities of them are quite different,so they are lack of effective community and materials to provide technical support.Therefore,this kind of way itself has the characteristic of big management difficulty.At the same time,legislation in these new-birth things will have some inevitably shortcomings,such as various security systems are not perfect,so that when the number of participants gradually increased,the self-help tourism with good convenience but also brings more and more serious social problems,more and more safety accidents of self-help tourism occur and the participants suffer these frequently,and a large number of legal disputes related to self-help tourism activities appear,which leads to the disputes and difficulties in the corresponding social management,and has aroused people's widespread concern.Therefore,supervision of self-help tourism activities and court proceedings after accidents have become hot issues.The duty of safety and security of self-help tourism organizer is the core problem of law under this problem.This paper takes the obligation of safety and security of the self-help tourism organizer as the entrance,takes the tort liability of the self-help tourism as the theme,makes a legal analysis on the dispute focus of the hot case,and discusses the legal background and the relationship of the topic.By analyzing the existing typical cases of self-help traveling accidents and drawing lessons from the relevant legislation of foreign security obligations,this paper discusses the reasonableness of the relevant cases from different viewpoints,and puts forward some tentative solutions to the disputes,then improves the relevant safety system,ensures the legitimate rights and interests of self-help tourism participants,and makes efforts in the legal level for the healthy and beneficial development of self-help tourism.This article mainly reviews the typical cases,according to the summary of the case and the focus of the argument,according to the court's legal analysis of the reasons for the decision of the self-help tour organizers in the accident cases in our country.By the legal relationship between organizers and participants,the theoretical basis and criterion of organizers' undertaking safety and security obligations and reasonable limits are analyzed through the determination of the main body qualification of the organizers through the conceptual characteristics and nature of the self-help tourism activities,and the analysis of the legal relationship between the organizers and the participants.This paper probes into the legal liability of the organizer,the legal effect of the exemption clause,and the exemption of the organizer's duty of safety and security,and puts forward his own viewpoint: most of the current self-help tourism activities are rooted in according to the theory of expression of will,which is very important in civil law,it can not be defined as legal act,but is more in line with the description of friendship act in German law.In other words,the current self-help behavior is more similar to a kind of kindness behavior.According to the relevant laws and jurisprudence,it is believed that there is a lack of necessary conditions for the formation of the contract between the organizer and the participant,that is,the consent of the parties.There is only a simple friendship between the two,and the organizer is the role of the benefactor in the relationship of kindness and favor.Only when the self-visiting organizer violates the main obligation and results in the loss of the participants' interests,the infringement may be caused.The organizers and other participants have no specific legal identity,and there is no legal relationship between them.So long as they carry out their main obligations,they should not be liable for infringement.Moreover,in the relevant cases,the legal effect of the exemption clause should be invalid,and the parties' legitimate rights and interests can not be compromised by the signing of clauses to avoid liability.