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8 people are banned for life! Who is responsible for accidents caused by tourists trespassing into non-tourist areas?

This holiday, Sichuan Yading National Nature Reserve attracts many tourists with its rich animal and plant resources and rare natural landscapes. However, the holiday is not over yet, but 8 tourists have been banned from the scenic spot for life, what is going on?

8 people trespassed on the undeveloped area of the Aden scenic spot

Banned for life

On October 6, Daocheng Yading Scenic Area issued a notice saying: On October 2, Wang Mouqiang (male, 40 years old), Sun Mouying (female, 35 years old), Chen Mouzhuo (female, 27 years old) and other three people ignored the announcement of the scenic spot (protected area) and entered the undeveloped area of the Aden Scenic Area (that is, the core area and buffer zone of the Aden National Nature Reserve) without authorization to carry out trekking activities, and took advantage of the staff off work to damage the materials of the scenic service station without permission, which was of a bad nature. Li Mouting (female, 31 years old), Li (male, 31 years old), Blowing Moumou Zeng (male, 29 years old), Ji Mouxue (female, 26 years old), Li (male, 26 years old) and other 5 people entered the undeveloped area of the Aden scenic spot without authorization, and ignored the staff's repeated dissuasion, and still sneaked into the unopened area to carry out hiking tourism activities. These 8 tourists violated the management regulations of the Aden National Nature Reserve and the Aden Scenic Area, causing certain harm to the protection and management of the reserve and the scenic spot, and Wang Mouqiang and other 8 people are prohibited from entering the Aden National Nature Reserve and the Aden Scenic Area again for life to carry out all forms of tourism and activities. The local public security also criticized and educated Wang Mouqiang and the other three people, and demanded that they compensate for the damaged public property.

Trespassing on undeveloped areas

The scenic spot issues fines for wayward tourists

The nature reserve is divided into a core area, a buffer zone and an experimental area

The report mentioned that 3 people entered the undeveloped area of the Aden Scenic Area without authorization, that is, the core area and buffer zone of the Aden National Nature Reserve, to carry out trekking activities, and 5 people entered the undeveloped area of the Aden Scenic Area without authorization. We also consulted the Regulations of the People's Republic of China on Nature Reserves, Article 18 of which stipulates that nature reserves can be divided into core areas, buffer zones and experimental areas. Well-preserved ecosystems in their natural state, as well as concentrated distribution areas of rare and endangered animals and plants, shall be designated as core areas and prohibited from being entered by any unit or individual; A buffer zone of a certain area can be demarcated on the periphery of the core area, and only scientific research and observation activities are allowed to enter. The periphery of the buffer zone is designated as an experimental area, where you can enter and engage in activities such as scientific experiments, teaching practice, visits, tourism, domestication, breeding of rare and endangered wild animals and plants.

Entering the nature reserve without permission will result in penalties and fines

8 people are banned for life! Who is responsible for accidents caused by tourists trespassing into non-tourist areas?

How to punish for violating the regulations? Article 34 of the Regulations of the People's Republic of China on Nature Reserves stipulates that once a unit or individual enters a nature reserve without approval or does not obey the management of the management agency in the nature reserve, once investigated, it will be punished in strict accordance with the regulations and other relevant laws and regulations, and a fine of not less than 100 yuan but not more than 5,000 yuan may be imposed according to different circumstances. Aden National Nature Reserve also reminded that due to the complex topography and climate environment of the nature reserve, coupled with the lack of communication signals in the deep mountainous areas, it is difficult to carry out rescue operations in a timely and effective manner in the event of a safety accident.

The maximum fine for trespassing in the Ailao Mountain Reserve is 5,000 yuan

In fact, not only Daocheng Yading Scenic Area, with the popularity of outdoor adventure hiking in recent years, many scenic spots have issued relevant announcements. Yesterday (6th), the Chuxiong Management and Protection Bureau of Ailao Mountain Nature Reserve in Yunnan Province issued relevant "Visitor Notice" and "Notice", making it clear that if you enter the nature reserve without approval or do not obey the management of the management agency in the nature reserve, the management agency of the nature reserve will order it to make corrections, and may impose a fine of more than 100 yuan and less than 5,000 yuan according to different circumstances.

8 people are banned for life! Who is responsible for accidents caused by tourists trespassing into non-tourist areas?

Previously, the Siguniang Mountain Scenic Area Administration has also issued an announcement on prohibiting the illegal development of outdoor activities, if any individual or unit enters the unopened area of the scenic spot to carry out outdoor activities, once found, the Siguniang Mountain Scenic Area will be punished in accordance with the relevant regulations, and included in the list of untrustworthy persons in the Siguniang Mountain Scenic Area, and will be banned from entering the Siguniang Mountain Scenic Area for sightseeing and outdoor activities.

The Supreme People's Court released typical cases of tourism disputes

Who is responsible for the accident caused by tourists entering non-tourist areas?

Recently, the Supreme People's Court has released typical cases of tourism disputes in combination with the specific situation of common and frequent disputes in the current tourism market. The case involves the situation where tour operators and tourists need to bear their own responsibilities, especially the issue of liability for "wild tours".

According to a typical case released by the Supreme People's Court, on August 20, 2022, Jiang Mouwei and his wife Xu Mouxian and their family members went to a scenic spot in Jiangshan City, Zhejiang Province for an outing to trace the river, but did not purchase tickets. During the event, Xu Mouxian fell off a cliff and died, and the place of his death was not within the scope of the scenic route. The relatives of Jiang Mouwei and Xu Mouxian believe that Jiang Mouwei and Xu Mouxian carried out outdoor activities in a scenic spot developed and operated by a tourism company, and due to the poor management of the scenic spot, the perennial disrepair of facilities, and the lack of warning signs, the accident occurred, and they could not be treated in time, and filed a lawsuit with the people's court, requesting that the tourism company be ordered to bear the liability for compensation.

8 people are banned for life! Who is responsible for accidents caused by tourists trespassing into non-tourist areas?

The People's Court of Jiangshan City, Zhejiang Province, held in the first instance that Xu Mouxian and his entourage entered the scenic spot without purchasing a ticket, and did not form a tourism service contract relationship with the tourism company that operated and managed the scenic spot. Judging from the inquest records of the public security organs and the on-site investigation, the place where Xu Mouxian fell was located in a dangerous and inaccessible place in the valley, with no passable roads or wild roads, far away from the normal tour range of the scenic spot. The tourism company does not have the situation that the facilities of the scenic spot are not maintained in place and the prohibited area is not established. River tracing is a high-risk outdoor activity, and the participants should fully understand, predict and properly control the risks. The judgment dismissed the plaintiff's claim.

If the operator has fulfilled the obligation to ensure safety, it shall not be liable

8 people are banned for life! Who is responsible for accidents caused by tourists trespassing into non-tourist areas?

The Supreme People's Court said that in recent years, the popularity of niche outdoor sports such as waterfall, rafting, river tracing, and jumping into pools has soared. These projects have a high risk, and if you blindly "check in" the so-called Internet celebrity routes, especially wild routes, without adequate preparation and lack of safety protection, it is easy to cause danger. Visitors participating in these programs should be more aware of safety and pay more attention to safety protection. In the case of tourists entering the area not included in the scope of the scenic spot without permission and causing their own damage, if the scenic spot is not at fault, the tourist shall bear his own risk. The judgment further clarifies the adjudication rules that managers of public areas who have fulfilled their safety and security obligations are not liable for compensation, and guides outdoor activity participants to establish the awareness that individuals are the first responsible persons for their own safety duty of care, and strengthen self-protection.

Source: CCTV News

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