A Research On Security Obligation Of Tourist Scenic Areas' Managers

Within the scope of the scenic spots under management,the managers of tourist attractions have the duty of prudent care to protect their personal and property safety,control and eliminate dangers within a reasonable limit for tourists.This is the security obligation of the tourist attraction ‘s managers.Risk control,trust relationship,substantive equality theory and the principle of good faith provide theoretical support of security obligations for tourist attractions' managers.The duty of tourist attractions' managers' security obligations informing and warning,maintaining facilities,eliminating dangerous factors,rescuing and so on.Tourist attractions' managers who violate the security obligations shall bear corresponding civil liability.When tort liability and breach of contract liability coincide,the law should give obligee the right to choose one from two kinds of claim rights.The duty of tourist attractions' managers' security obligations in China adopts the mode of combining general and typed clauses in legislation.However,there are some problems in the system design,such as unclear definition of nature,too abstract content,and unclear criteria for judging tort liability in violation of security obligations.This makes it difficult to define the tort liability of Tourist attractions' managers who violate the security obligations after the case happened.Therefore,it is necessary to clarify the legal nature of tourist attractions' managers' security obligations and to refine the specific contents in legislation.It is necessary to define the specific operational norms,determine the scope of " prevent or stop damage" of tourist attractions' managers and maker the criteria for judging "the actor fails to fulfil their obligation of safety and security".Establishing the mechanism of safety supervision in tourist attractions and making the mechanism of accountability for supervision departments that have not fully fulfilled their supervision obligations are also needed.The security obligations of the tourist attractions' managers should be improved at the legislative level.Resolving the responsibility of infringement cases in scenic spots in real life and creating a safe scenic environment can promote the healthy development for tourism.