On the one hand, we regret the unfortunate departure of donkey friends; On the other hand, in the absence of professional safety guarantee and registration of relevant departments, the behavior of donkey friends entering the "no man's land" without authorization during mountaineering caused casualties and consumed a lot of public management resources, which caused extensive discussion among netizens. Why are outdoor adventure accidents frequent? Who should pay for the high cost of rescue? Is it reasonable for a donkey friend to be rescued and "compensated"? The reporter interviewed relevant experts in this regard.
Low penalties encourage illegal exploration.
In recent years, outdoor distress incidents of donkey friends frequently appear in newspapers. According to the statistics of chinese mountaineering association, in 20 1268, there were 1268 outdoor sports accidents,14 injuries, 146 injuries, 54 deaths, 64 deaths, 3 missing accidents and 3 missing persons. Among them, there were 2 mass deaths (more than 3 deaths), and the number of deaths was 12. Compared with 20 15, it has a significant increase.
"There are many reasons for tourism accidents, including the low safety awareness of hikers participating in outdoor adventure activities, insufficient preparation and insufficient outdoor self-help ability; There are also reasons why outdoor adventure rescue institutions have not been established for a long time, and the rescue capability needs to be further improved. " Wang Tianxing, a member of the drafting group of the Tourism Law and an associate professor at beijing international studies university International Law School, said in an interview that outdoor adventures organized by tourists spontaneously cannot be fully regulated at home or abroad, and the main way at present is to take charge of themselves. "Warning tourists to have a correct judgment and cognition of their outdoor viability through self-responsibility, so as to rationally decide whether to participate in outdoor adventure activities." Wang Tianxing said.
Professor La Mingqing, Dean of the School of Tourism History and Culture of Southwest University for Nationalities, said in an interview that China's outdoor activities started late and underdeveloped, and the corresponding laws and regulations need to be improved, and the corresponding special insurance system is not matched. "At present, there is no legal guarantee for the regulation and supervision of hikers' adventure activities in China, and most of them are guided and constrained by local government regulations and industry self-discipline rules. After the accident, the illegal cost of friends is relatively low. Judging from the existing punishment cases, the amount of fines is only a few thousand yuan, which invisibly encourages friends to explore illegally. " La Mingqing said that some local laws and regulations or tourism management measures have clear provisions on the punishment of illegal adventures of donkey friends, such as the "Management Measures for Mountaineering in Sichuan Province" officially implemented on 2016/kloc-0.
The reporter consulted the Measures for the Administration of Mountaineering in Sichuan Province. Article 30 of the "Measures" stipulates that if mountaineering activities are carried out at peaks above 3,500 meters above sea level without approval or the mountaineering season, route or peaks are changed without authorization, the sports administrative department shall give a warning to the mountaineering team and order it to stop mountaineering activities, and the results will not be recognized; And impose a fine of 1000 yuan on legal persons or other organizations, and impose a fine of 200 yuan on individuals. Obviously, the fine from 200 yuan to 1000 yuan is not enough to offset the high rescue cost of tens of thousands of yuan.
The allocation of rescue costs can be adapted to local conditions.
The Tourism Law of the People's Republic of China came into effect on June 0, 20 13. Article 82 of the law stipulates that tourists should pay the expenses that should be borne by individuals after receiving the help from relevant organizations or institutions. However, the law does not clearly stipulate which expenses should be borne by individuals.
"As a basic law in the field of tourism, the Tourism Law does not specifically regulate outdoor adventure." Wang Tianxing believes that as a national tourism law, adventure tourism, a minority tourism activity, cannot be specifically regulated, but the National People's Congress Standing Committee (NPCSC) and the government, such as Tibet, Xinjiang, Shaanxi and Sichuan, which are suitable for outdoor adventure activities, can make some guiding and guiding provisions in local tourism regulations according to the characteristics of local adventure resources, and stipulate the proportion of outdoor rescue expenses in local emergency response regulations or implementation regulations.
La Mingqing introduced that the Measures for the Administration of Mountaineering in Sichuan Province stipulates that mountaineering activities are carried out at peaks above 3,500 meters above sea level without approval, and mountaineering activities are carried out in violation of relevant laws, regulations and safety warning regulations. If you need to receive assistance in case of danger, you should pay part of the expenses borne by the individual. But what expenses belong to individuals? What should be the share of the rescue cost? These problems are still unclear.
If the donkey friend is at fault, he shall be liable for compensation.
201510/0.5 17 The donkey friend was rescued in Changtanhe Nature Reserve, Jinxiu Yao Autonomous County, Guangxi. In violation of the regulations of People's Republic of China (PRC) Nature Reserve, Dayaoshan National Nature Reserve Administration fined each donkey friend 1000 yuan. It is understood that the relevant local rescue departments have dispatched more than public security fire officers and soldiers 100, more than 200 cadres and masses, more than 40 medical staff, more than 300 logistics reinforcements, more than 80 vehicles and assault boats, wading through mountains and rivers for 5 1 hour, and the direct economic expenditure is 654.38+10,000 yuan. Since then, some netizens said that in addition to punishing "friends", they should also charge rescue fees.
Wang Tianxing said that according to the emergency response law, the emergency rescue organized by the government for donkey friends should be free. "One of the responsibilities of the government is to protect the safety of citizens. Helping friends in distress should belong to the government's security responsibility. "
Zhu Hu, an associate professor at the Law School of Renmin University of China, also said in an interview that when a donkey friend is in distress, it is a manifestation of national responsibility for the government to provide assistance. "State responsibility includes the responsibility of the state to assist victims and vulnerable groups and the responsibility of social security to ensure the basic survival of citizens. Helping a friend in distress is a manifestation of the obligation to help in state responsibility, and it does not depend on whether an individual is in distress or suffering for his own reasons. "
However, Wang Tianxing also believes that it is unfair for most taxpayers to bear the cost of assistance to a few people. "Therefore, some states in the United States have adopted differentiated cost sharing methods." Specifically, the government bears all the expenses of minor assistance; For the rescue of adults, if you buy accident insurance, the insurance company will bear it. If you don't buy accident insurance, the government and the people in distress will share the responsibility according to their own fault. Generally speaking, the proportion shared by the government does not exceed 60%.
In this regard, La Mingqing agreed. "At present, China has established a relatively complete emergency plan system. In case of emergency, the government and scenic spots have the responsibility to carry out rescue in line with the principle of respecting life. However, after tourists have subjective faults, illegal tours, explorations and emergencies, they should bear certain liability for compensation for rescue expenses. " La Mingqing said.
Zhu Hu also believes that a coordinated cost-bearing mechanism and diversified sources of funds should be established. "China is a tax-sharing system, and many compensation and assistance expenses are from local finance. The fiscal revenue varies greatly from place to place. If it is entirely borne by the government, it may lead to a reduction in the level of assistance, which is also not conducive to avoiding blind risk-taking behavior of citizens. " Zhu Hu suggested that a multi-rescue mechanism can be established, which is united by the state, society and individuals. If individuals get special benefits through public finance, they should also share the costs. At the social level, risks can be borne through the insurance mechanism; For private assistance, the salvor has the right to request compensation from the rescued person according to the regulations of negotiorum gestio.
At the end of the interview, La Mingqing said that the Tourism Law stipulates that tourists should pay the expenses that should be borne by individuals after receiving help from relevant organizations or institutions. This is the first time that the problem that tourists should pay the rescue fee after receiving the rescue has been clarified in legal form, which is of great significance. The next step should be to refine the proportion and content of specific rescue expenses. In this regard, Zhu Hu also said that it should be clear whether the expenditure of expenses is necessary and effective, and the specific proportion should be more clear. For non-legal reservations such as specific sharing standards and proportions, local legislation can be flexible.