| In recent years,with the improvement of the overall living standard of Chinese residents,tourism has become the first choice for people to get rid of the conventional life and relax their body and mind.Tourism,as an important component of the service industry,continues to grow in GDP.The following is the media’s report on the chaotic image of the tourism market,the emergence of a large number of tourism disputes,how to protect the legitimate rights and interests of tourists,how to coordinate the relationship between participants in the tourism market,so as to enable the healthy development of tourism,has become an inevitable problem in the legal theory and practice.This paper selects several typical cases of tourism disputes,sums up the most easily encountered problems in judicial practice in the process of combing and analyzing,that is,legal issues related to the distribution of responsibilities between travel agencies and performance assistants,discusses and draws conclusions from theoretical analysis,and finally puts forward several suggestions.This article is divided into four parts to discuss:The first part is the introduction,which briefly introduces the background and significance of the topic selection,sorts out the theoretical research status of the problem of sharing responsibilities between travel agencies and fulfillment assistants,and explains the research methods used in this paper.The second part is introduced by several typical cases,briefly introducing the facts of the case and the basis and viewpoints of the court trial,and finding out the focus problems in the case: first,the legal relationship between the organizing club and the performance assistant;The second is whether the travel agency has fulfilledits obligation to ensure safety.The third is the responsibility sharing between the travel agency and the fulfillment assistant.The third part is a legal analysis,combining with relevant legal theories and theories,analyzing the identification of relevant cases and the application of laws in the trial process,and further analyzing and sorting out three focus issues on the sharing of responsibilities between travel agencies and performance assistants.The fourth part is the conclusion drawn from the analysis of the focus of the case and some immature suggestions inspired in the analysis process,including the definition of reasonable limits of the safety guarantee obligations of tour operators,the improvement of the tour performance assistant system,the improvement of the travel agency’s liability limitation system,and the defective guarantee liability system. |
