旅行社安全保障义务分析-法律·民商法专业毕业论文.docxVIP

旅行 旅行社安全保障义务研究 西南 西南政法大学硕士学位论文 PAGE PAGE 5 6 6 Abstract In recent years, with the development of economy and society, and the improvement of peoples living standard and transportation, tourism has become an important option for people to relax, thus, tourism industry has become an important pillar of the third industry. However, the high incidence of accidents of situation of tourism industry especially travel security on tourism consumer legitimate security interests is not complete, putting forward a austere challenge to the sustained and healthy development of tourism . The author tries to start from a real case about dispute between travel agency and tourist consumer, and put forward the focus of the dispute ,namely, whether there exists nonperformance, then by analyzing the meaning and boundary of obligation and responsibility of safety guarantee, to determine the obligation boundary and content between travel agency and tourism consumers , and then discusses the fulfilling path of safety guarantee obligation , in order to make the tourism consumer security rights protection in place. Besides the preface and tag, the text is divided into five parts. Part one: Problem Presentation. This part of begins with a case on disputes about the travel agency’s obligation of safety warning and rescue . This paper introduces the basic situation of the case, and analyses the focus of case in dispute, then clarify the related factors of travel safety guarantee obligations: the core of the theory, the judgment standard and the imputation. Part two: The basic meaning and legal basis of security obligations. In this part, the author dates back to the origin in practice theory of this concept, defines the basic meaning and legal basis of security obligations from four dimensions: the risk control theory, compensation liability theory, the principle of good faith and social benefit saving. Thus, providing a strong support. Part three: The content and standard of travel agency’