自助游相关法律问题研究
发布时间：2019-05-14 02:53
【摘要】：随着人们生活水平的不断提高,人们的旅游观念也处在不断变化中,自助游的萌生满足了旅游者尤其是年轻人探索世界、放松身心的旅游要求。自助游依托于网络作为信息交换的媒介,由发起者发出召集信息,有相同兴趣爱好的人通过回帖等形式表达同游的意思,双方达成一致就构成了最典型的自助游形式。由于自助游具有相当程度上的自主选择性,为达到猎奇的旅游目的,自助游活动选择的旅游地常常是人迹罕至、自然条件原始的区域,由于组织者和参加者都只是探险爱好者并不具备一定的专业素养,自助游活动事故频发的现象也就不足为奇。由于我国没有自助游的相关立法,因此在发生事故纠纷的时候如何认定法律关系,承担法律责任成为本文研究的重点,学界对此说法不一,有侵权说、违约说和公平责任说三种观点,本文通过对自助游主体间法律关系的探究得出结论:自助游参加者之间构成契约关系,明确了当事人权利义务关系并进一步分析主体责任的承担,同时对侵权说和公平责任说加以反驳。
[Abstract]:With the continuous improvement of people's living standards, people's concept of tourism is also in constant change. The emergence of self-help travel meets the tourism requirements of tourists, especially young people, to explore the world and relax their body and mind. Self-help tour relies on the network as the medium of information exchange, the initiator sends out the convening information, and the people with the same interests express the meaning of traveling together through reply, and the agreement between the two sides constitutes the most typical form of self-help tour. Because self-help tour has a considerable degree of independent selectivity, in order to achieve the purpose of strange tourism, the tourist destination chosen by self-help tour activities is often inaccessible to people, and the natural conditions are primitive areas. Since organizers and participants are just adventure enthusiasts and do not have a certain degree of professionalism, it is not surprising that self-help travel accidents occur frequently. Because there is no relevant legislation on self-help tour in our country, how to identify the legal relationship and bear the legal liability in the event of accident disputes has become the focus of this study. The academic circles have different opinions on this, and there is the theory of infringement. There are three viewpoints: the theory of breach of contract and the theory of fair liability. Through the study of the legal relationship between the subjects of self-help tour, this paper draws the conclusion that there is a contractual relationship between the participants of self-help tour. This paper clarifies the relationship between the rights and obligations of the parties and further analyzes the responsibility of the subject, and refutes the theory of tort and fair liability.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
本文编号：2476382
[Abstract]:With the continuous improvement of people's living standards, people's concept of tourism is also in constant change. The emergence of self-help travel meets the tourism requirements of tourists, especially young people, to explore the world and relax their body and mind. Self-help tour relies on the network as the medium of information exchange, the initiator sends out the convening information, and the people with the same interests express the meaning of traveling together through reply, and the agreement between the two sides constitutes the most typical form of self-help tour. Because self-help tour has a considerable degree of independent selectivity, in order to achieve the purpose of strange tourism, the tourist destination chosen by self-help tour activities is often inaccessible to people, and the natural conditions are primitive areas. Since organizers and participants are just adventure enthusiasts and do not have a certain degree of professionalism, it is not surprising that self-help travel accidents occur frequently. Because there is no relevant legislation on self-help tour in our country, how to identify the legal relationship and bear the legal liability in the event of accident disputes has become the focus of this study. The academic circles have different opinions on this, and there is the theory of infringement. There are three viewpoints: the theory of breach of contract and the theory of fair liability. Through the study of the legal relationship between the subjects of self-help tour, this paper draws the conclusion that there is a contractual relationship between the participants of self-help tour. This paper clarifies the relationship between the rights and obligations of the parties and further analyzes the responsibility of the subject, and refutes the theory of tort and fair liability.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
【参考文献】
相关期刊论文 前7条
1 陆勇;旅游自助新概念[J];城乡建设;1998年03期
2 张奕晖;;桂林自助旅游市场的现状与对策研究[J];桂林旅游高等专科学校学报;2005年06期
3 王文玉;李建伟;;中国自助旅游服务体系的发展与完善[J];经济论坛;2005年24期
4 张进福;旅游安全管理现状分析与对策思考[J];旅游科学;2001年02期
5 郑向敏,宋伟;国内旅游安全研究综述[J];旅游科学;2005年05期
6 陈建勤;21世纪初我国国内旅游消费走势分析[J];社会科学家;2001年05期
7 盛蕾;背包旅游及其特征[J];社会科学家;2003年04期
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