Who will bear the responsibility for getting sick on the way out of the organization?

How to characterize the accident injury and which parties should make compensation? The reporter interviewed relevant legal professionals. Judge Sheng of donghu district Court believes that the injuries suffered in this incident belong to the scope of public injury appraisal. Judge Zhang believes that the current basis for determining work-related injuries is the Regulations on Labor Insurance in People's Republic of China (PRC) and the Detailed Rules for the Implementation of the Regulations on Labor Insurance in People's Republic of China (PRC). Among them, only the Detailed Rules for Determining the Nature of Work-related Injury of Enterprise Employees has specific provisions, and the legal source is quite insufficient. Although the "Implementation Rules" did not include the casualties caused by retired employees participating in collective activities organized by the unit into the scope of identification of the nature of work-related injuries. But this can't be the reason why this situation can't be recognized as a work-related injury. Because compared with the professionalism, technicality, adaptability and variability of modern state administration, the limited, conditional and relatively stable characteristics of legal provisions make our legislation unable to keep up with the current needs, and there are a lot of blank areas in legislation, so the provisions of written laws and legal documents cannot be absolutely clear.

Judge Zhang believes that the understanding of "administrative legitimacy" cannot be mechanically based on specific legal rules. In essence, "the law of administration according to law should include not only legal norms, but also general principles, legal purposes and legal spirit". At present, there are various forms of work-related injuries, so it is impossible to list them one by one. In this case, we can't exclude the specific provisions of the normative documents, that is, the detailed rules for implementation, because they are not listed, but should combine the jurisprudence, legal purpose or legal spirit and legal value behind the law to identify them.

Camera 2 Travel with a group, without signing a contract.

On March 24th, 2005, Ms. Yang, who works in an office in Nanchang, took advantage of her seven-day holiday to form a group of 15 people with her son, husband and other friends, and followed the tour group to Jiuzhaigou. Unexpectedly, they met a car accident there, and 15 people were all injured. When the car accident happened, watching the tour guide scrambling to rescue the injured, Ms. Yang, who was panicked, remembered: "God, our travel contract and insurance contract have not been signed yet!"

It turned out that Ms. Yang and her friends went to a well-known travel agency in this city to ask for a price before going out. As a result, the price was too expensive, and she had to give up her plan with the big group. Afterwards, with the help of friends, Ms. Yang directly contacted a travel agency in Jiuzhaigou, Sichuan. After some bargaining, the two sides quickly succeeded in oral negotiations and the price was greatly reduced. A few days later, Ms. Yang and others embarked on a journey, but something happened.

After the car accident, it was difficult for Ms. Yang to say: before this trip, she didn't sign any contracts or even apply for insurance. Who will bear the high cost of treatment for the injured in the future?

The lawyer's statement forms a factual contract, and the travel agency has to pay compensation.

Can the travel agency refuse to pay compensation on the grounds that it has paid the military expenses but has not signed a travel contract with the travel agency? Ye Jian, a lawyer of Jiangxi Huachang Law Firm, believes that the travel agency charged the travel expenses and sent a tour guide, and the two sides formed a de facto travel contract relationship, and the travel agency should compensate for this loss. Lawyers believe that in this incident, Ms. Yang and others paid too much attention to the requirements of travel agency prices and individual package tours, while ignoring the importance of necessary procedures such as written contracts and insurance handling. They left in a hurry before signing the specific contract, which led to the accident. It is difficult to claim after that.

Lawyer Ye believes that it is undoubtedly necessary for passengers to sign contracts and insure when they travel. On the one hand, it can restrict the service quality of travel agencies, on the other hand, with the contract, the relevant rights and interests of consumers can also be effectively guaranteed. In view of the fact that the travel agency had a car accident on the way to arrange the plaintiff's travel, it should bear the liability for compensation first, and then recover from other responsible persons according to the responsibility of the public security department.

interconnection

In an interview with reporters, the staff of the Provincial Tourism Bureau believed that during the "May 1" Golden Week, many people planned to travel, but some people often neglected their own safety when planning their travel plans, which brought worries to compensation. When traveling, the main insurances involved are: transportation, accommodation, travel assistance insurance, etc.

First of all, traffic accident insurance. Passenger accident insurance mainly provides risk prevention services for tourists when they travel by means of transportation. The insurance premium is included in the fare. Passengers have actually taken out their insurance when they buy tickets and boat tickets. The insurance premium is calculated at 5% of the ticket price, and the insured amount of each insurance is 20,000 yuan, including 654.38+00,000 yuan for medical accidents. The insurance period begins with check-in, boarding or disembarking. At present, many tourists often ignore that they are already in the insurance state after the accident. Therefore, remind consumers that once they are out of danger, they should immediately claim compensation from the insured insurance company.

Secondly, accommodation insurance. Traveling abroad, accommodation is inevitable, and during the period of accommodation, unexpected situations are difficult to predict, and there is personal insurance for accommodation passengers. The personal insurance premium for lodging passengers is 1 yuan, and the insurance period is 15 days from 0: 00 on the day of lodging. You can renew your insurance when it expires, and you can apply for multiple copies at a time. During the insurance period, if the passenger dies, is disabled or physically disabled due to accidents, foreign attacks, murders or to protect the life and property of himself or others, or his personal belongings are stolen or robbed, the insurance company will pay insurance benefits according to different standards.

Third, travel assistance insurance. For outbound tourists, you can buy travel assistance insurance. This kind of insurance is generally provided by insurance companies and jointly launched by insurance companies and international rescue centers. Visitors can call for free assistance no matter where they are in danger at home or abroad. The procedure for applying for travel safety insurance is very simple. Visitors can go directly to the relevant travel agency for all insurance procedures, or they can go directly to the airport for insurance. In view of possible accidents during travel, all insurance companies have corresponding types of insurance, such as personal accident insurance, accidental medical insurance, hospitalization compensation and so on. Tourists can choose to take out all kinds of travel insurance to transfer risks.

On July 8, 2006, Nanning 13, Guangxi, invited them to travel to the suburban forest in the form of AA system. Unexpectedly, while sleeping at night, a flash flood broke out, and the girl Luo Xiao was washed away by the flood and died. The girl's parents then took Liang Huadong, the poster of the trip, to court, demanding that other 12 friends * * * bear 350,000 yuan in compensation. On March 3rd, 2007, the second trial of this case was held in Nanning Intermediate People's Court.

In March 2006 1 1, the donkey friend "Jiang" was killed while climbing Songshan Mountain. On March 2, 2007, Beijing 1 1 donkey friends (7 men and 4 women) got lost while climbing Lingshan, causing one death and one injury. On the afternoon of March 17, 2007, a senior high school in Luohe 14 students climbed Songshan without a guide. When they returned, they got lost in the deep mountains and were trapped in the mountains. After more than five hours of efforts by the local police, they were able to escape in the early morning of the next day.

Netizen "Youyou" told reporters that during the Spring Festival, he participated in the activities organized by a website "Happy Journey" in Zhengzhou and went to Jiangxi, Anhui and other places. When he learned that the five-day bus fare actually reached 6.5438+0.2 million yuan, many "friends" felt cheated and parted ways after conflicts with the tour leader. If a tourism team has no organizer, who will bear the consequences in case of an accident?

● Views

There are more and more cases caused by outdoor sports. As a travel enthusiast, how to avoid the risks when playing? Who should bear the responsibility when an accident happens? The reporter interviewed some relevant people on the above issues, and their views made us rethink the safety of donkey walking.

Some team leaders can't talk

Xiao Qingtian, head of Henan Outdoor Alliance Club: Now the safety awareness of donkey friends participating in outdoor sports has been greatly improved. Many people who take part in activities in clubs will ask the question of how to ensure the safety of participants, which was rare in the past. At present, there are more than 50 outdoor clubs in Henan Province, but less than 10 have been approved by the sports authorities. Without the approval of the sports department, especially the poor quality of the team leader and the lack of outdoor common sense and skills, it is easy to lead to blind and disorderly self-help travel. Therefore, improving the quality of tour leaders is the most critical link to reduce the accidents of self-help tours.

There is a popular saying "who pays for outdoor safety". The best way to explain this sentence is insurance. At present, most provinces and cities do not have mountaineering insurance. Without insurance, the organizers dare not charge boldly. If there is relevant insurance, in the event of an accident, there will be no difficulty in claiming compensation. The accident of donkey friends has sounded the alarm for those of us who organize outdoor sports, and also made people pay more attention to outdoor adventure sports, which is actually conducive to the healthy development of outdoor sports.

It is suggested to set up a self-help tourism consulting agency.

Qiao Ting, manager of holiday department of China Youth Travel Service, Henan Province: At present, the self-help tour of donkey friends is too casual. It is suggested that the tourism management department set up a self-help tour consulting agency to provide advice and guidance to donkey friends. At the same time, the tourism department should establish a certification system for self-help tour leaders and clarify the responsibilities of the leaders. At present, there are no laws and regulations to regulate spontaneous outdoor self-help travel activities in China, and there is no responsibility identification mechanism, so once an accident occurs, no one needs to bear legal and economic responsibilities.

Travelers should be responsible for themselves first.

Huang Yun, lawyer of Ji Guo Law Firm, Henan Province: The responsibility of non-governmental organizations for spontaneous tourism is unclear, and in many cases, victims cannot claim compensation. If you encounter natural disasters such as mountain torrents, no one is responsible for their compensation, and the victims are responsible for themselves; If it is because the companions, including the team leader, failed to rescue the victims in time, the families of the victims can claim compensation; If it is because the safety signs of tourist attractions are not obvious, the scenic spots or units should bear certain responsibilities.

Safe packing before "donkey trip"

Senior donkey friend "with the wind": In this activity, everyone only cared about their own play, did not remind each other of possible dangers, and did not organize to take active measures to prevent possible dangers. Therefore, the donkey friends should bear certain negligence responsibility for Luo Xiao's murder.

Netizen "simple": Frequent outdoor sports accidents have a lot to do with many people's lack of safety concepts and their like to act rashly. I want to remind the vast number of "donkey friends" that before going out, in addition to having a clear understanding of their physical condition and outdoor activities, they should also strictly follow the requirements, equip them with necessary items, sign detailed agreements and formulate emergency plans. During the activity, you must obey the instructions of the team leader and coordinator, enhance your awareness of self-protection, avoid unprotected climbing and adventure, observe team discipline, and never leave the route without authorization. Only in this way can "donkey walking" become free and happy.