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Disquisition on the Accident Responsibility of the Self-help Travel

Author: ChenYing
Tutor: LiuBaoYu
School: Shandong University
Course: Civil and Commercial Law
Keywords: the responsibility of self-tour game theory Safety duty of care liability for fault
CLC: D922.29;F592
Type: Master's thesis
Year: 2010
Downloads: 473
Quote: 9
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Abstract


The convenience of modern transportation, which makes travel from a single tourist way to develop into a structure of multi-mode, while the original mass, single-oriented trips to meet the needs of those regular "traditional tourism "has gradually been an adaptation of tourists personalized, diversified demand for new tourism model" Fashion tourism "replaced by the so-called self-help travel. Self-tourism is a fashionable tourism, it can be described as a "show personality, close to nature, relax body and mind" as a goal, fully self-selection and placement of tourist activities, and there is no guide for a full travel. However, precisely because of their own self-help with a spirit of adventure tourism activities, with considerable risk, as well as standard self-help travel the lack of relevant laws, resulting in travel demand arising from self-help can not dispute resolution correctly and timely, in real life, because tour groups in a self-help tourism is not a bear civil liability independently of the civil subject, so when the property, body and their lives are damaged, other members (including the sponsors) in different situations, should bear the responsibility, commitment to what kind of responsibility, the responsibility of the nature of the attribution principle, constitutive elements of such a system a number of issues raised widespread concern in the community, this article will give a result from a legal point of view to explore the above issues, in summarizing the relevant predecessors based on the study serve as a catalyst in order to travel to the self-responsibility of a study and gain, can better safeguard the legitimate self-interests of tour participants at the same time, standardize the market order and promoting the self-help travel industry to flourish.The article is divided into four parts:The first part, from Nanning, the first case of self-help travel concerns led to the focus of this article, from the first trial decision and in the second instance raises the risk of judicial practice and self-help travel industry since the burden-conceited unspoken rules of contradictions. To define the concept of self-help travel and the status quo analysis, the article further discussed the responsibility of self-tour to lay the basis of theories and facts. The second part, from two aspects of the natural and real self-tour we discuss responsibility. The introduction of game theory, we discussed from a fundamental point of view of behavior choices presence or absence of legal liability and forms. And we discussed from the actual presence the absence of fault on the talk and the specific criteria for judging.The third part, we clarified the nature of self-tour, self-help travel should be responsible for the fault and can not agree with as a breach of contract or equitable liability. We clarified the composition of element in detail based on determining the responsibility of self-tour as a clear infringement liability and a principle of fault liability for imputation of the self-tour responsibilities.The fourth part is proposed to solve the problem of self-tour the corresponding countermeasures in order to reduce the occurrence of self-tour and promote the self-help travel industry to flourish.Finally, we come the conclusion:self-tour should be a kind of self-tort liability, and based on a principle of fault liability, and have a standard of security breach of duty of care for judging whether or not, and put a solution based on a clearly defined elements of their specific composition for the purpose of benefiting self-tour industry fast, legal and orderly development.

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