Research On The Organizer's Civil Liability In Personal Injury Disputes In Self-guided Tours

In recent years,personal injury disputes arising from self-help travel activities are common.Tours of activity in the judicial practice in the legal relation nature and organizers of the organizers and participants without fault when applied with fair liability,whether or not such problems as whether participants from gansu risk clause exist different points of view,cause body damage cases self-help tourists organizers responsibility identification and different class case sentenced to problem.The first part,judge the legal relationship between the organizer and the participants of self-help travel activities.A comprehensive judgment is made based on factors such as whether the activity is profitable and whether the organizer is a business entity.The organizer has profit behavior and forms tourism contract relationship.Otherwise,the two constitute a common friendship.This paper summarizes the controversial issues in the self-help tourist injury dispute cases through the analysis of class cases.In terms of the legal relationship between the organizer and the participant,there is no effective legal relationship between the two before the damage occurs.But the absence of a legal relationship does not mean that the organizers are free of any obligations.Through theoretical analysis,it can be seen that self-help tour activities belong to "mass" activities,and organizers shall assume reasonable security obligations in accordance with the law when organizing self-help tour activities.If the organizers fail to fulfill security obligations and cause damage to participants,they shall bear tort liabilities.Through the analysis of the legislative purpose,it can be seen that when neither the organizer nor the participant is at fault,the organizer does not need to share the loss of the participant's personal damage according to the principle of equitable liability.This paper is divided into five parts.The first part points out that there are disputes in practice about the legal relationship between the organizer and the participant,the nature of their civil liability and the application of fair liability.In the second part,the basic legal relationship between organizers and participants in self-help tourist injury dispute cases is sorted out based on cases.Before the damage occurs,considering the factors such as the non-profitability of the activity,the non-commercial body of the organizer and the organizational form of the self-help tour,it is considered that there is no basic legal relationship between the organizer and the participants,but only an ordinary friendship relationship.There may be torts between the two after personal injury.The third part,the nature of the civil liability of the organizer belongs to the tort liability for failing to fulfill the security obligation.Even if the organizer and the participants only form an ordinary friendship,based on the nature of self-help travel mass activities,the principle of good faith and risk control theory,the organizer should also assume reasonable security obligations for the participants according to Article 37 of tort Liability Law or Article 1198 of Civil Code.The fourth part analyzes the constitutive elements of the organizer's tort liability in the self-help tourist damage case.In addition,according to the applicable premise of fair liability,if the organizer is not at fault,the organizer should not bear or share fair liability for the personal damage suffered by the participants.On the one hand,the personal injury of the participant is not caused by the act or omission of the organizer,so the application of fair liability does not meet the application premise of Article 24 of tort Liability Law or Article 132 of General Principles of civil Law.On the other hand,after the implementation of the Civil Code,the application of fairness responsibility can only be based on the provisions of the law,and there is no provision in the current legal system that the organizers of self-help travel activities bear the responsibility of fairness.The fifth part analyzes that the self-acceptance of risk principle applies to cultural and sports activities,and applies to damages caused by other actors' active acts,and the risk originates from other actors in cultural and sports activities,which is a reasonably foreseeable risk.According to the applicable scope and conditions of the principle of selfacceptance of risk,the organizer should not be exempted from liability for selfacceptance of risk in the case of self-help tourists' personal injury dispute.