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Research on Safety Obligation of Tourist Areas

Author: SongXiongFei
Tutor: MaMingXian
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: tourist areas safety obligation the article37 of Tort law
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract

Human safety is the supreme law. In recent years, with the development of china’s tours industry that tourists suffered personal property damage in Tourist areas has happened frequently.Because there is no unified law to follow, the court decisions made by different judges are often different about these similar cases.In order to better protect the rights of the victims,under the principle of faith,safety obligation has growled gradually with the need for distributive justice.Under such circumstances,the legal terms of safety obligation has been raised first time in the article 6 of Interpretation of Many problem of Applicable Laws in Connection with Hearing Personal injury compensation Case,which has been introduced in 2003.And it has been set more clearly in the article 37 of Tort Law which has been published in 2010.The theory of safety obligation has grew quickly.Taking a typical case as the basis, this article study the elements、defenses and the alternative liability of safety obligation,expecting to be helpful to the judicial practice.China’s current legal on safety obligation is not perfect, the right owner、responsibility principle and the burden of proof should be set clearly. The liability can balance the benefit between the operator and the consumer. On the one hand it can spread risk,on the other hand can protect consumer’s rights better.

Research on Safety Obligation of Tourist Areas

Abstract

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