The "Wild Scenery Area" heating platform is disorderly sharing or needs to be responsible for common infringement

"Super Beautiful Scenic Spots", "Going to the water in summer" ... Some platforms sharing with netizens' "scenic spots" and ignored ——

The platform is disorderly sharing or needs to be responsible for common infringement

Our reporter Tao Ping

Reading prompt

Recently, the incident of unsolved "wild scenic spots" caused attention to tourists' casualties. Why is the "Wild Scenic Area" heated? Who is responsible for the safety of tourists? How to avoid happening again like the Longcougou incident? In the questioning, people put their attention to the platform for information release.

"Super Meiyang Red Attractions" "Summer Steaking Step Step Water is good", "It's too much, it's almost a treasured place" ... On some social platforms, short video platforms, and travel travel recommendation platforms, such travel recommendations are recommended. It's not uncommon. When choosing a travel destination, many people are used to "inspecting" the Internet first to refer to the travel experience of others.

Recently, the mountain floods of Longconggou, Longmen Mountain Town, Pengzhou City, Sichuan, killed seven tourists and were injured. As a key area of ​​the local area, Long Conggou, which was originally a highly sought -after online red punch place on social platforms.

Why is the "Wild Scenic Area" heated? Who is responsible for the safety of tourists? How to avoid happening again like the Longcougou incident? People in the legal community believe that relevant government departments should strengthen security management, platforms should assume social responsibilities, strengthen review of travel content involving safety risks, and tourists themselves must also strengthen their awareness of security.

Who is inducing tourists to the unpopular net red attraction

Tourism enthusiasts Xixi once saw a blogger on a platform to recommend a wild waterfall near the dark town of Qingzhen City, Guizhou Province. Xixi went with a few friends, but did not expect that this trip experience made her frightened.

"The scenery is beautiful, but I didn't expect the journey to be so dangerous." Xixi told reporters that there was a journey of more than 10 kilometers in the collection town. The car could not arrive directly. One person is wide, next to the cliffs, and may fall accidentally.

Dai Bin, the dean of the China Tourism Research Institute, said in an interview with the reporter of the Workers' Daily that the reason why many unsally -developed scenic spots became Internet celebrities punch cards, because there were more and more people who pursued personalized and liked self -service tourism. Especially during the epidemic, the limited number of peaks of popular scenic spots requires that some tourists hope to travel nearby and freely travel, so they choose to restrict less development scenic spots.

The reporter searched for the "unwavering scenic spot" on a social sharing platform, and found that there were a lot of content including jungle, deep mountains, waterfalls, water ponds, etc., and most of them were wild and hidden. "The more niche routes, the more insufficient safety facilities, and some even belong to the location of geological disasters. It is prone to natural disasters such as mudslides, floods, collapses, and extreme weather." Dai Bin reminded.

Xiaohongshu tourist bloggers told reporters that in the transition zone from the mountains of western Chengdu to the plain, there are many ravines similar to Longcougou. These places have a common characteristic, that is, uns development and wildness. The scenic area naturally does not need tickets. People will barbecue and camping here. There are parking venues and farmhouses around them. Traveling autonomy is strong and attracted by Internet red traffic. Therefore, it is attractive to many tourists. " It is also believed that these places are generally low in safety coefficients. Once extreme situations occur, it is easy to threaten life safety.

The platform and publisher should fulfill their obligations

Recently, some reports showed that two tourists fell down the cliff on the way to the sheepskin climbing mountain climbing, legs fractured, and their heads were injured. Earlier, there was another woman who was accidentally climbed in the sheepskin cave and could not walk on the ankle because of climbing mountain climbing. Finally, fire rescue workers rescued the trapped persons by roping fixation and rotating back.

In August 2019, Hefeng County, Hubei, dodge the emergence of the gorge, and caused 13 people to be killed and all foreign tourists. It is reported that the avoidance gorge also belongs to uns development attractions.

Xixi said that there are many recommendations for unsolvable scenic spots such as sheepskin holes in social platforms, but few people remind these places to be dangerous and need to travel with caution. The platform has not made any labels on these recommendations.

Liu Junhai, a professor at the School of Law of Renmin University of China, believes that the guarantee measures of the Internet celebrities are not in place and the safety facilities are not complete, which can easily cause blind spots to consumers' life safety guarantee.

"For the relevant contents of the unprepared attractions released by some platforms, the platform has the obligation to security reminders and content review. Publisher also has the obligation to remind them. Otherwise, it may violate the obligations and responsibilities of the personal safety of potential tourists in violation of the law, and constitute infringement. "Liu Junhai said that the platform cannot avoid the social responsibility they should bear on the grounds of sharing netizens.

Ge Weichao, a lawyer of Beijing Weibo (Xi'an) Law Firm, believes that according to Article 1,172 of the Civil Code, more than two or more of the infringement causes the same damage. ; It is difficult to determine the size of the responsibility, with an average responsibility.

"There is a security risk of unwintering attractions. The common infringement theory based on unintentional contact in the infringement law, that is, more than two or more people do not have intentionally or negligent, but their separate behaviors are indirectly combined with the consequences of the same damage. Or the reason for the proportion of each bear the corresponding compensation liability. That is to say, if the platform and the publisher did not reach the reminder obligation, the infringement results may also be responsible. "Ge Weichao said. To solve the safety of the "wild scenic area" requires multi -party force

In response to the security issue of the Internet celebrity, Ge Weichao said that on the one hand, the local government should do its best to make prompts and management obligations, make corresponding signs and measures, and timely strengthen inspections and safety hazards.

On the other hand, for users to publish the relevant content of the "Wild Scenic Area" on social platforms, the platform should fulfill the obligation of security reminders and content review obligations. If the "Wild Scenic Area" uploaded by the user is not a regular scenic spot, the platform should not only be recommended based on the heat, but should check the category carefully, and mark or prompt on the content released by the user. Blindmarking and recommendation.

Liu Junhai said that the platform is responsible for guarding the soil. It can review and analyze the content released by the user through big data analysis technology, and timely discover the huge risks behind the "Wild Scenic Area" and the hidden dangers of consumer security. It is necessary to remind in obvious areas that the place where the area is not approved by the competent tourism department and does not security to ensure facilities. It is an unopened area. Netizens need to decide carefully, and the platform recommends not to go, and reminds users of other publishers' opinions that do not represent the platform's point of view.

Zhao Hu, a lawyer at Beijing Zhongwen Law Firm, believes that in addition to the platform that should assume corresponding social responsibilities and content involving safety risks, to strengthen the audit, it is necessary to prevent or reduce similar incidents of Longconggou. Obligations strengthen security reminders. For the more dangerous and undeveloped zones, the local government should take preventive measures, such as setting up a warning device, or a slogan to warn tourists not to enter.

"Tourists must also establish the concept of rational, safe and civilized consumption, don't chase the wind and catch hot spots, and try to choose regular tourist attractions." Liu Junhai said.

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