Study On Legislation Perfection Of Tourism Operator’s Safety Guarantee Obligation

The duty of tourism operators to guarantee safety is one of the key issues in the field of tourism law.However,in judicial practice,the ambiguity of the legislation on the duty of care to ensure the safety of tourism operators has led to certain obstacles in the definition of reasonable limits of duty performance and the burden of proof in practice,resulting in the inconsistency of judges in the actual trial process.The reasonable limit of the duty of care for safety guarantee is very important to the responsibility of both parties.Therefore,this article is based on this theoretical basis and current regulations,this article examines the status quo of referees and compares the advantages of this theory in different countries and regions,so as to further clearly define the essential connotation of the reasonable limits of tourism operators’ safety guarantee obligations.This article is divided into five parts:The first part analyzes the basic theory of the safety guarantee obligation of tourism operators,and achieves a basic grasp of the relevant content of this theory.The second part analyzes the relevant aspects of the current legal provisions and specific content of the safety guarantee obligation of the tour operator,so as to achieve an overall in-depth discussion of the content of the safety guarantee duty of the tour operator.The third part sorts out the relevant cases of my country’s Intermediate People’s Court judgments in 2020,and examines the problems and causes of the safety protection obligations of tourism operators in my country’s judicial practice.The fourth part compares the regulations and practices of different countries on related issues,analyzes the advantages of different models and the enlightenment to our country.The fifth part is the author’s suggestions on my country’s "Tourism Law" and related systems.Through the review of the judicial status quo of tour operators’ safety guarantee obligations,based on the actual situation of our country,the whole article proposes that my country’s "Tourism Law" should refine the content of reasonable limits for tour operators,introduce quantitative standards for group fee prices,and discuss the liability system and insurance The rationality and necessity of system improvement in this field.