Study On Responsibility Of Selt-service Travel Organizers

Self-service travel,as a new type of tourism,is popular among people due to its freedom,flexibility and economic characteristics.Because of the risk of the activity itself,people relax at the same time also accompanied by the occurrence of danger.At present,there is no special legal standard to regulate the disputes of self-service travel in China,and there is no clear legal basis for the responsibility identification of self-service tour organizers.hn judicial practice,most courts directly determine that the organizer has the security obligation according to article 37 of the tort liability law,so as to further determine whether the tort liability is established.But there are differences on the content of security obligation.Based on a certain case analysis,this paper summarizes the tendency of court judgment,and at the same time finds a reasonable interpretation path and theoretical support for the applicable provisions of the court judgment,and finds a unified judgment path for the self-service travel disputes.This paper is divided into five parts.The first part introduces the characteristics of self-service travel and the definition of the identity of the self-service travel organizer,and points out that the research object is the self-service travel initiated by natural person.The nature of self-service travel activities should be friendship behavior,no contract relationship is established between the organizer and participants,and the responsibility of self-service travel accidents should be tort liability.In the second part,on the basis of collecting cases of self-service travel,it introduces the determination of the security obligation and the judgment of the responsibility of the court on the self-service travel organizers under different causes of injury,and concludes that the court is inclined to determine that the organizers have the security obligation.At the same time,taking the typical cycling case as an example,this paper analyzes the differences of the court on the specific determination of the content of the organizer's security obligation.By means of purposive expansion and comparative method,a reasonable interpretation path is found for the application of security obligation clause.The third part discriminates and modifies the basic theories of security obligation of self-service travel organizers,and points out four applicable theoretical bases based on the background of the emergence of safety obligation of German security obligation.The fourth part introduces that the court should consider the individual case,reasonable person standard,victim's self-protection ability and other factors according to certain objective standards when determining the security obligation.At the same time,the content of security obligation should include disclosure obligation,risk avoidance obligation and rescue obligation.The fifth part puts forward the application of fault imputation principle and the identity between fault and failure to fulfill security obligation.This paper analyzes the four elements of tort liability for breach of security obligation,including the statutory subject,failure to fulfill security obligation,damage fact and causality.The voluntary risk has become the reason for the judgment when the court determines that the organizer has fulfilled the security obligation.The responsibility of the organizer can be mitigated if the victim is at fault.