"There are already brave people in front of you who have left their lives, please go back the way you came......
Source: Internet
This is a slogan warning sign set up by the Cangshan Protection Administration of Dali, Yunnan Province on the way of tourists, reminding tourists and friends not to trespass into the unopened area of Cangshan Tourist Area without authorization.
Recently, another group of "braves" wanted to climb Cangshan Lanfeng, but were stopped by law enforcement officers during the inspection.
11 people were stopped trying to climb Cangshan Lanfeng, and 2 people were filed
At about 5 o'clock in the morning of December 21, the law enforcement officers of the Cangshan Branch of the Cangshan City of the Cangshan Erhai National Nature Reserve Administration and the Cangshan Guards of Yinqiao Town stopped 11 mountaineers who wanted to climb the Lanfeng of Cangshan without permission during the inspection, and two of them had repeatedly entered the core area and buffer zone of Cangshan without permission for investigation.
Source: Internet
After investigation and evidence collection by law enforcement officers, 11 personnel were recruited by Gao Moumou and He Moumou through Douyin and other platforms, and organized plans to climb Cangshan Lanfeng. Gao Moumou and He Moumou admitted that they had repeatedly entered the core area and buffer zone of Cangshan such as Malong Peak, Lanfeng, and Sanyang Peak without permission. In accordance with the relevant provisions of Article 31, Paragraph 1 of the Regulations on the Protection and Management of Cangshan in Dali Bai Autonomous Prefecture of Yunnan Province, the Cangshan Branch of Dali City ordered Gao Moumou and He Moumou to immediately stop the behavior, and filed a case for investigation of the suspected violations of the "Regulations on the Protection and Management of Cangshan in Dali Bai Autonomous Prefecture, Yunnan Province", and criticized and educated the remaining people who were persuaded to return and publicized the relevant laws and regulations on the protection of Cangshan.
In this regard, Wang Huijing, secretary general of the Beijing Municipal Tourism Law Society, told a reporter from the rule of law network that the mainland's management of scenic spots is currently multi-headed. The management departments of different types of scenic spots are also different, and there is no unified regulation on the management of scenic spots at the national level.
Wang Huijing pointed out that the regulations on nature reserves apply to the management of nature reserves. In this case, Cangshan Lanfeng is a national nature reserve and should be managed in accordance with the regulations on nature reserves promulgated by the State Council. Tourists climbing unauthorized areas is illegal, and the local law enforcement agencies punish the offenders in accordance with the relevant provisions of the Regulations on the Protection and Management of Cangshan Mountain in Dali Bai Autonomous Prefecture of Yunnan Province, which is not only in accordance with the provisions of the superior law, but also in line with the local management regulations.
There are persuasion videos on the platform, as well as hiking guides
It is worth noting in this case that Gao Moumou and He Moumou recruited through platforms such as Douyin, and recruited a total of 11 people who planned to climb Cangshan Lanfeng. In addition to seeing the videos of some self-media bloggers persuading tourists not to step into the unopened areas of Cangshan without authorization, they can still see some short videos of "Hiking Strategies for Climbing Cangshan Lanfeng" and "Climbing Cangshan".
Source: Douyin
Source: Douyin
So, if "travelers" conduct public recruitment through the platform, is there a suspicion of lack of supervision on the platform side?
In this regard, lawyer Qu Changshuai, executive director of Sichuan Hualv Law Firm and member of the Chengdu Culture, Tourism and Sports Committee, said that according to Article 47 of the Cybersecurity Law of the People's Republic of China, network operators should strengthen the management of information released by their users, and if they find information that is prohibited by laws and administrative regulations from being published or transmitted, they should immediately stop the transmission of the information, take measures such as elimination, prevent the spread of information, keep relevant records, and report to the relevant competent authorities. Travelers recruit through platforms, and the relevant platforms are definitely missing their regulatory responsibilities. However, from a practical point of view, it is difficult for a platform to truly assume its regulatory responsibilities if it does not have a special regulatory review mechanism.
Whether the platform's regulatory obligations are fulfilled in place can be analyzed from the following two aspects: first, whether the platform has established a regulatory review mechanism and whether it can meet the basic review conditions, such as whether the entity publishing the recruitment information has filed business qualifications on the platform, and second, whether the platform has taken measures to stop illegal acts when the platform's review system can detect illegal acts.
Therefore, Mr. Qu suggested that the platform should improve the subject qualification review system, strengthen the review and update of the relevant qualifications of the settled operators, and also strengthen the monitoring of web page information.
In addition, Secretary-General Wang Huijing said that the two actors in this case used the Internet platform to publish tourism recruitment information, which is a kind of tourism solicitation, and has actually violated the relevant provisions of the Tourism Law. The two individuals unilaterally recruited tourists and did not have the business qualifications to operate a travel agency.
Wang Huijing pointed out that running a travel agency business involves the safety of tourists. Travel agencies that have obtained business licenses and qualifications shall be responsible for the personal and property safety of tourists during their tours. Our country also has corresponding management measures for this, such as requiring travel agencies to pay a guarantee for the quality of tourism services and insuring travel agency liability insurance, which are all in order to better guarantee the personal safety of tourists. Travel agency liability insurance is also used to bear the liability for compensation for personal and property damage caused by the responsibility of the travel agency during the tour.
Outdoor adventure accidents are frequent, and tourists are advised to "think twice"
In recent years, there has been an increase in the number of outdoor enthusiasts, and some of them are obsessed with climbing wild mountains and unopened areas. However, while they enjoy conquering nature, they ignore the risks that can be brought about, even life-threatening......
According to the "2022 China Outdoor Adventure Accident Report" released by the China Exploration and Exploration Association, among the accidents that occurred in 2022, there were a total of 214 accidents in land projects, of which 139 accidents occurred in mountaineering projects, accounting for about 64.95% of land projects.
In recent years, many "travelers" have chosen to "take risks" to challenge themselves regardless of risks, which has brought a lot of tests to local scenic spots and rescue teams. In this regard, Mr. Qu reminds tourists: in outdoor adventure activities, it is necessary to ensure that there is no danger of "scenery", abide by laws and regulations, and if you insist on participating in such activities, you must fully understand the nature of the activity and the risks existing in the activity, find a professional organization (travel agency) to sign up for the tour, be equipped with professional tour leaders and related facilities and equipment, and need to file with the relevant scenic spot management party or obtain the consent of the management party in a timely manner. Only when the preliminary preparations are in place can the "adventure" be safe and enjoyable.
Tourists, as the first person responsible for their own safety, should "think twice". Secretary-General Wang Huijing suggested that tourists should have a reasonable assessment of their own behavior when participating in relevant activities, and should not engage in these activities at the expense of their own safety. In this regard, you can consider participating in excursions organized by regular travel agencies, because experienced travel agencies are often able to foresee and avoid the dangers that are prone to occur.
"When organizing activities, organizers should carry out activities within the scope permitted by law, and fully consider safety issues, so as to be responsible for themselves and their companions. Wang Huijing said.
Topic selection and planning|Legal Network Research Institute
Text: Zheng Chunxin
Producer|Yu Yingbo
Editor|Huang Meiling
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