The Research Of Legal Issues Of Self-servic Adventure Travel

As the rising new travel method, the outdoor self-help travel have characteristics of freedom, fixable, uninhibited and been close to the nature. Due to the various benefit the outdoor self-help travel has attracted a huge number of young travel hobbyist. After a busy working day, forgot the household affairs and the hustle and bustle of the city, enjoy the wonderful nature with your friend or join the internet forum activates, the traveller’s mind and body can have an appropriate relax. Recently, with the development of internet, traffic method and the growing human nature of thirst for knowledge, the outdoor self-help travel has surpassed the traditional travel method. Generally speaking the content of outdoor self-help travel can happened in the unexploited scenic, remote mountains, desert and other adventure region.However, under such circumstances where the independent travel model is lack of supervision and regulation in China, it follows a series of safety problems and legal responsibilities. It has not the security guidance and supervisory management before the accident or confirmation of responsibility and measures of remediation after it. According to statistics of Chinese Mountaineering Association, the death of outdoor self-help travel were four in2003; twelve in2004; fifteen in2005and twenty-six in2006. Security risk and responsibilities of outside independent travel is considerable and to be solved.In this report, the problems of outdoor self-help travel will be solved by introduce and analyse the relevant cases, the idea and the controversy of the relevant cases will be introduced, the general problems are:the legal status of the sponsors who started the outdoor self-help travel is not clear; the property of the activity fees which collected for the outdoor self-help travel; when the accident happened, the legal characters of the traveller’s mutual-rescue acts were hard to identify. The concept feature and the type which divided by the different standards of the outdoor self-help travel will be introduced. The legal relationship between sponsors and participant will be discussed. The rights and duties of the parties in the outdoor self-help travel will be discussed, which included sponsor and parties’duty and right. It is mainly about how to segment responsibilities among organizers, victims and other participants, what the foundation of judgement are and under what situation or precondition people can dispute liability for the offense during the accident of Outdoor self-help travel. I intend to provide the reference and positively motivate the issue of segmentation of responsibilities in the future, in order to have better and more perfect improvement for the development of legal system in tourism in China.