A Study On The Legal Issues Of The Security Obligation Of Tourist Attractions ——From The Perspective Of Three Typical Cases

In recent years,there have been frequent safety accidents in public places,especially in tourist attractions,a series of incidents such as the Badaling Zoo Tiger attack and the brown bear attack at the Shanghai Wildlife Park have all touched people’s nerves.Under this background,the related judicial practice has carried on the exploration to the traveling scenic spot security guarantee duty rule application.But in terms of legislation,the provisions of the Civil Code of the People’s Republic of China,which came into effect on January 1,2011,regarding the duty to ensure safety in public places,still follow the practice of the tort liability law,it only makes a general provision for the obligation of safety and security,and lacks a specific provision for the obligation of safety and security of different types of public places,while the obligations of safety and security of different public places are not exactly the same,the provisions of the Civil Code concerning the obligation to guarantee the safety of public places can hardly take into account the characteristics of all public places.Based on this,the author makes a systematic exploration on the theoretical basis and system design of the security obligation of public places,such as tourist attractions,in order to respond to the practical concerns.The first part of this article is the introduction,mainly introduces the reasons and practical significance of the topic.This paper is divided into five parts,in addition to the introduction and conclusion,the core content is divided into three chapters,of which,the introduction mainly introduces the reasons for the selection of topics and practical significance,the conclusion is mainly a summary of the core content.The main contents of this article are as follows:The first chapter is the brief introduction of the case and the summary of the controversial focus.First of all,it introduces the contents of three typical cases.By comparing the similarities and differences between the three cases and the court’s decision,it sums up three controversial focuses,namely,there are three aspects: how to determine the standard of the duty of safety and security of tourist attractions,how to define the object of protection of tourist attractions,and whether the duty of safety and security of tourist attractions should have reasonable limits,highlight the key issues that need to be studied in this paper.The second chapter is the legal analysis of the legal issues of the case.This part is mainly from the identification standard and the main content of the duty,the object of the duty and the reasonable limit of the duty.The duty of safety guarantee of tourist attractions refers to the duty of the manager of tourist attractions to protect the tourists from personal and property damage within a reasonable limit by reminding,warning,warning,guiding,stopping and timely rescuing.The cognizance standard of the duty of ensuring the safety of the tourist scenic spot,we should judge from three aspects:the pure nonfeasance of the manager,the safety of the service and equipment provided by the manager,and the duty of prevention.The main contents of the duty of safety guarantee for tourist attractions include the duty of safety management and rescue,the duty of facility maintenance,the duty of warning and informing,and the duty of diligent danger prevention.The guarantee object of the duty of security is not limited to the tourists,as long as it is the people who enter the scenic area,they should be treated as "tourists".The duty of guarantee for the safety of tourist attractions should have reasonable limits,which can be cut from the perspectives of the origin of the duty from the agreement and the law,the application of the principle of liability for fault,and the observance of the principle of balance of interests,constructing the general rules of the duty of safety guarantee for the scenic spots.The third chapter is the Enlightenment and suggestion of case study.In view of the problems mentioned above,after a systematic study,the Enlightenment and suggestions of this paper are as follows: first,the constitutive elements and specific contents of the duty of security protection of tourist attractions need to be clarified in legislation,in the second chapter,we can design the elements and system contents of the duty of safety and security of tourist attractions according to the standards and main contents of the duty The second is to establish the special exemption from liability for tourist attractions,especially to regard tourists’ willingness to take risks as the exemption from liability for violating the obligation of safety guarantee for tourist attractions;and the third is to establish differentiated standards for the obligation of safety guarantee,based on the principle of balance of interests,different standards of security obligation are set up for different types of scenic spots.