An Analysis Of The Tort Liability Of Self - Help Tour

With innovation, a Western, personalized Tours tourism industry by the public, especially young people sought after,because young people are particular about convenience and freedom to choose to travel as well. Tours is the core of "self" who call playmate own plan routes, manage their own way various matters. Walks in the country since the rise time is not long,the relative lack of relevant legislation, the quality of the organizers and all ALICE also differ, the security system is not perfect, so the students repeated the unfortunate case of an accident intensified, sparking a large number of legal disputes, resulting in social management disputes and difficulties.Therefore, this article intends Tours tort liability for the research topic, according to "China’s first case ALICE" and other four cases cases Perspective, to be the focus of debate on the merits of the legal analysis. Thesis basic architecture consists of four parts: Introduction to the case, summarized the focus of debate, analysis and legal cases focus revelation.Which focus are: Self parade legal definition, legal status and liabilities of organizers and peer ALICE, disclaimer legal effect as of. After each focus on issues legal analysis putforward their own point of view: according to "intention" theory, self-identified as the procession is not a legal act,then learn German law of the "acts of friendship" that Walks like "Favor" behavior. After the reference to the relevant laws and jurisprudence that lack of establishment of the contract the necessary consensus between the parties and the other organizers of ALICE, it belongs only to mere "acts of friendship" between them, and the organizers are only Favor relations " patronizing people, " only in breach of its duty of care may cause damage when peers ALICE infringing; As peers ALICE no special legal status, nor the existence of a legal relationship with each other, as long as do its duty of care should not be tort liability. Legal effect to the exemption clause should be invalid, and can not escape liability by signing the terms of disguise, so that the legitimate rights of the parties subject to less legal protection.