Study On The Civil Responsibility Of Traveling Performance Assistants

After tens of thousands of years of development,human society has paid more and more attention to the enjoyment of spiritual life.A large number of people choose to travel and relax as a spare time for work.As a result,tourism has developed rapidly in recent years.While promoting the development of related industries around tourism,tourism has a major impact on the image of the city,the local economy,traditional culture,and even politics.It has become an indispensable pillar industry in China.Among the common types,the most popular form of choice for tourists is group tours.The greatest feature of this type of service is the need for third-party support services.This type of tourism involves many subjects and has a long service life.Once a dispute arises,the chain of responsibilities is too complicated,which makes it difficult for tourists to safeguard their rights and causes the assistants themselves to perform great risks in their operations.It is difficult to reach a definitive answer after the discussion among the scholars of various parties,because there are unresolved issues in the implementation of the auxiliary civil liability.Although China has promulgated the "Tourism Act" and the 2010 "Tourism Dispute Applicable Judicial Explanation",there are still serious deficiencies in the legal system and academic research,which has led to uncertainty in judicial practice.Therefore,this article focuses on the above two laws.Through specific cases,it clarifies the reality of uneven distribution of responsibilities in judicial practice,analyzes the causes of uneven distribution of responsibilities,and improves the risk reduction and sharing of responsibilities from the perspective of supporting people.And make some constructive suggestions.The first part of this paper mainly studies the definition of related concepts of the assistants after the implementation of the "Tourism Law" in China,defines the specific types of assistants to perform,defines the concept of the relevant laws after the definition of the assistants,and determines the legal status;From the analysis of contract and infringement,the specific issues related to the civil liability of the assistant are fulfilled and the liability is concurred and mitigated.The third part mainly analyzes the problems existing in the implementation of the supporter system in the legislative and judicial aspects.The fourth part is based on the above After the analysis of the three parts,it mainly aims at analyzing the problems and proposes measures to improve the implementation of the auxiliary civil liability related system.It also includes the study of some issues,the analysis of the relevant viewpoints of the new regulations of public transport operators,and the implementation of the assistants' legal responsibilities and the sharing of liability risks.