Improve the blacklist system and implement cross scenic area joint punishment
2024-10-16
The mysterious Ailao Mountain in Yunnan has caught fire. Recently, a blogger posted a video on social media showing him mining alone in Ailao Mountain, which went viral: smoke filled deep mountain forests, occasional bird and insect calls, bottomless lake water, and gurgling water waves... Many tourists were attracted by this and flocked to it. On October 6th, the Chuxiong Management and Protection Bureau of Ailao Mountain Nature Reserve issued the "Notice for Visitors to the Chuxiong Prefecture of Ailao Mountain National Nature Reserve in Yunnan Province" and the "Notice on Prohibiting Unauthorized Human Activities from Entering the Nature Reserve", clarifying that those who enter the nature reserve without approval or do not obey the management of the management agency within the nature reserve shall be ordered to make corrections by the nature reserve management agency, and may be fined between 100 yuan and 5000 yuan according to different circumstances. In recent years, with the rise of outdoor exploration activities, some sparsely populated nature reserves have been favored by many tourists for their mystery and unknowns. Some tourists, in order to explore or attract attention, illegally enter the unopened areas of the scenic spot, which has sparked controversy. Is there a legal issue with 'wild tourism'? Who will be held responsible if there is a danger for tourists entering an unopened area? How should scenic spots do a good job in safety management? A reporter from the Legal Daily conducted an interview on this matter. After the above-mentioned blogger posted a video of his solo mining in Ailao Mountain, the Propaganda Department of the Xinping County Committee in Yuxi, Yunnan responded that the area entered by the blogger was an undeveloped zone of the Ailao Mountain county-level protected area; He entered the mountain to collect ore without reporting it. The Ailao Mountain Protection Bureau has contacted the blogger, criticized and educated him, and demanded the return of the ore. it happens that there is a similar case. The Administration of Aden National Nature Reserve recently issued a notice stating that some tourists have entered the undeveloped area of Aden Scenic Area without authorization to carry out hiking activities, and some have even damaged the materials of the scenic service station while the staff are off duty. According to relevant laws and regulations, the scenic area prohibits 8 people involved from entering the Aden National Nature Reserve and Aden Scenic Area for life again to carry out all forms of tourism and activities. Associate Professor Li Jing from the Law School of East China University of Political Science and Law introduced that tourists entering undeveloped areas of scenic spots without authorization may violate the regulations of nature reserves and scenic spot management. If unauthorized entry into undeveloped areas causes damage to others, civil compensation liability shall be borne; If entering undeveloped areas without authorization leads to serious consequences, such as damaging environmental resources, causing casualties, etc., it may constitute a crime and criminal responsibility shall be borne. In the opinion of the interviewed experts, there are a series of problems with tourists posting their relevant experiences on social media platforms to attract traffic and even recommending others to go after taking the "wild path" themselves. 'Wild roads' are often located in sensitive areas such as nature reserves or scenic spots. The influx of tourists may cause damage to the ecological environment of these areas, affecting the integrity and beauty of the natural landscape. With the promotion of social media platforms and the increase of tourists, some previously undeveloped 'wild roads' may become popular attractions, leading to overdevelopment and commercialization, further exacerbating the destruction of natural resources Li Jing said. She suggested that tourists should ensure the authenticity and accuracy of their content when posting, and avoid misleading others. If false information causes injury or accidents to others, or intentionally conceals risk information to mislead others and induce them to go, they may bear tort liability for causing harm to others due to their fault behavior. Social media platforms have a certain responsibility in content review and supervision. If the platform fails to timely identify and handle content with security risks, it may also bear corresponding responsibilities due to inadequate supervision. Tourists need to pay attention to their obligations. After reviewing public information, it was found that there have been multiple cases of tourists taking "wild roads" for exploration, causing damage to scenic spots, personal injuries, and property losses. "Look for something that no one has ever climbed..." Zhang Mouming, Mao Mouming and Zhang Mou decided to "challenge" the forbidden area Monty Python Peak in Mount Sanqing Scenic Area of Jiangxi Province in pursuit of exciting adventure experience. Three people used electric drills to drill holes, rock nails, and ropes to climb to the top of Mount Python. The rock nail climbing behavior caused permanent damage to Mount Python, destroying the naturalness, originality, and integrity of the natural heritage. In the end, the court sentenced Zhang Mouming to one year in prison and Mao Mouming to six months in prison. Zhang was exempted from criminal punishment, and three people were ordered to compensate for environmental resource losses of 6 million yuan and pay expert fees of 150000 yuan. In Guniujiang Scenic Area, Shitai County, Chizhou, Anhui Province, two out of town tourists were lost for several hours due to trespassing in non open areas. The Chizhou Shitai Dawn Rescue Team rescued two trapped tourists. Subsequently, the relevant departments of the protected area fined the two individuals 200 yuan for their illegal behavior, and the police also criticized and educated them. Who should be held responsible for the losses caused to themselves and the scenic area by tourists exploring on "wild roads"? Li Jing pointed out that the Civil Code has made special provisions on "self acceptance of risks" for cultural and sports activities. When tourists choose to take the "wild road", they should fully understand the content of the activity and the possible risks, and make corresponding preparations and protective measures. "If tourists fail to fulfill their reasonable duty of care and cause themselves to be in danger, they should bear corresponding responsibilities. Yin Yu, Director of the Exhibition and Tourism Law Professional Committee of the Guangdong Lawyers Association, introduced that as operators, managers, and tourism operators of public places, scenic spots should fulfill reasonable safety protection obligations, including but not limited to marking the tour route and tour instructions in tickets, reminding tourists to follow the tour route when entering the scenic spot, prohibiting unauthorized entry into non tourist areas, and erecting scenic spot maps and warning signs in multiple places in the scenic spot. If the scenic area fails to fulfill its safety guarantee obligations, take sufficient safety measures, and fulfill its warning obligations, resulting in tourists walking on 'wild roads' causing injury or property damage, the scenic area should bear corresponding tort liability. According to the Tourism Law, tourists have the right to request timely assistance from tourism operators, local governments, and relevant agencies when their personal and property safety is in danger. After receiving assistance from relevant organizations or institutions, tourists should pay the expenses that should be borne by individuals Yin Yu said. Li Jing pointed out that the rescue costs for backpackers who enter unopened areas without authorization and encounter danger are currently divided into two parts: one is borne by the public sector; Secondly, some scenic spots have established paid rescue mechanisms. Paid rescue adheres to the principles of first rescue and then recovery, and combines paid rescue with public rescue. This means that during the rescue process, rescue operations will be prioritized to ensure the safety of tourists' lives, and then cost recovery will be carried out based on specific circumstances Li Jing said that paid rescue is a beneficial supplement to public rescue, and relevant legislative regulations should be implemented to avoid excessive charges. We should vigorously develop professional rescue and combine paid rescue with public rescue to improve the level of rescue. The incidents of unauthorized entry of tourists into unopened areas have occurred from time to time, which has brought many troubles to the management and governance of scenic spots, increasing the cost of illegal "wild tourism". Li Jing believes that unopened areas often have complex terrain, variable climate, and natural obstacles such as high mountains, deep valleys, and dense forests, making it difficult for regulatory work to fully cover them. These areas may lack necessary monitoring equipment and communication facilities, making it difficult for management personnel to detect and stop tourists from illegally entering in a timely manner. At the same time, although there are clear laws and regulations prohibiting tourists from entering unopened areas without authorization, in actual implementation, due to the large number of tourists, high mobility, and limited regulatory power, the enforcement of laws and regulations faces difficulties. The unpredictability of some tourist behaviors also increases the difficulty of management. A small number of tourists may enter unopened areas without authorization for the purpose of exploration, seeking excitement, or evading tickets. These behaviors often have suddenness and concealment, making it difficult for scenic area management to prevent and respond in advance. Yin Yu pointed out that many scenic spot management departments do not have administrative law enforcement power, so when facing tourists who illegally enter unopened areas, these scenic spot management departments often find themselves in an awkward situation: they can advise, warn, and even take restrictive measures to some extent, but it is difficult to directly take corresponding law enforcement measures against these tourists. This situation not only weakens the authority and effectiveness of the scenic spot management regulations, but may also create the illusion that "violating regulations is not harmful" for those tourists who take chances. How to find more effective and compliant handling methods that not only protect the legitimate rights and interests of tourists, but also effectively maintain the management order and safety stability of scenic spots has become a major challenge faced by many scenic spot management departments Yin Yu said. The reporter noticed that once the news of the lifelong ban on 8 tourists in Daocheng Yading Scenic Area was released, many netizens called on other scenic spots to learn from it, blacklist uncivilized tourists, and prohibit them from entering the scenic area again. Li Jing believes that according to relevant regulations, tourists may be included in the tourism uncivilized record due to their uncivilized behavior during the tourism process. However, there is currently no clear standard for defining uncivilized tourism behavior, and there may be some difficulty in implementing the national ban on entry into scenic spots. In addition, it is also difficult to effectively monitor and track tourists who have already been blacklisted. Li Jing suggested refining the specific provisions on tourist behavior in relevant laws and regulations, and clarifying the legal responsibilities for trespassing into restricted areas and unopened areas; Intensify punishment and impose corresponding penalties on tourists who illegally enter restricted or unopened areas based on the severity of their behavior, including but not limited to fines, administrative detention, and lifetime bans. For tourists with particularly heinous circumstances and serious consequences, it may be considered to establish a nationwide scenic spot blacklist system, including them in the national scenic spot blacklist, to achieve joint punishment across scenic spots and increase the cost of violations. Yin Yu put forward suggestions from the perspective of scenic spot management. She believes that scenic spots should establish and improve safety management systems and emergency plans, increase inspection and monitoring efforts, improve the supervision ability of unopened areas through technological means such as installing intelligent monitoring systems and using drones for inspections, and ensure timely detection and prevention of similar behaviors. By promoting and educating on civilized tourism, we aim to enhance tourists' safety and legal awareness. For example, setting up prominent bulletin boards or playing promotional videos at important locations such as the entrance of the scenic area and the tourist center, explaining the regulations and relevant laws and regulations of the scenic area to tourists, guiding them to consciously abide by the rules and travel in a civilized manner. You can also share cases of civilized tourism and popularize legal knowledge through various channels such as Weibo, WeChat, and short videos Yin Yu said. (New Society)
Edit：Rina Responsible editor：Lily
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