(Source: "Rule of Law Daily" 2024-06-17)
On June 9, the China Giant Panda Conservation and Research Center issued an uncivilized behavior report stating that anchor Zhu Moumou was banned from visiting the center’s bases for life because he had long used the balcony of a B&B to broadcast live broadcasts in the non-exhibition area of the center’s Shenshuping base.
Not long ago, on May 3, tourists Sun, Zhang, and Yang had a physical conflict at the Shenshuping base of the center and seriously disrupted the order of the park. They were also banned from entering the center's bases for life.
A reporter from the "Rule of Law Daily" found that for some time, many domestic w88 slot have included tourists with uncivilized behavior in the tourism blacklist (i.e., tourism blacklist), or even banned them for life.
The interviewed experts believe that blacklisting tourism violators in w88 slot, or banning serious tourism violators for life or permanently, is an important means and path choice to promote honest tourism, civilized tourism and protect public properties of w88 slot and historic sites. However, imposing a lifetime ban on tourists requires a clear legal and regulatory basis. It should be strictly limited and used with caution in accordance with the law.
To maintain the order of the scenic spotTourists blacklisted
On June 8, the China Giant Panda Conservation and Research Center detected anchor Zhu Moumou live broadcasting in non-exhibition areas such as the Shenshuping Base Breeding Park. Relevant parties immediately sent personnel to the mountain to dissuade him.
The research center found that before this, Zhu Moumou had long used the balconies of B&Bs and the high ground around the base to conduct live broadcasts in non-exhibition areas such as the isolation and quarantine area, office scientific research building, and breeding garden of the Shenshuping base.
Even after the park management issued two announcements not to enter giant panda habitats and potential habitats in the Giant Panda National Park, and not to broadcast live broadcasts in non-exhibition areas of the base, Zhu Moumou continued to broadcast live.
The research center believes that Zhu Moumou's long-term live broadcast behavior has interfered with the security order of the base management and violated the relevant provisions of the "Instructions for Civilized Entry of Wolong Shenshuping Base", and will be included in the list of lifelong bans from visiting the bases of the Panda Center.
According to public information, in April this year, six tourists were banned from entering the Chengdu Giant Panda Breeding Research Base (including Panda Valley) in Sichuan Province for life due to uncivilized behaviors such as spitting mineral water on giant pandas and throwing objects into the outdoor giant panda playground.
In recent years, many w88 slot in China have put tourists with uncivilized behavior on tourist blacklists, or even banned them for life. For example, in May 2022, the Kunming Institute of Botany of the Chinese Academy of Sciences notified tourist Zheng that he would not be allowed to enter the Kunming Botanical Garden again for life because he opened the greenhouse window without authorization and dug up rare plants worth 12,800 yuan. In April 2023, a man was permanently banned from Shanghai Disney Resort for assaulting others at the resort.
In this regard, Yang Jianshun, a professor at the Law w88 casino of Renmin University of China, analyzed that it is an important means and path choice to promote honest tourism, civilized tourism and protect the public property of scenic spots and historic sites such as including tourism violators on the tourism blacklist, or making a "lifetime ban" decision on serious tourism violators.
Punish uncivilized behaviorNeed clear legal basis
In order to punish uncivilized behaviors of tourists, the "Interim Measures of the National Tourism Administration on the Management of Records of Uncivilized Behaviors in Tourism" (hereinafter referred to as the "Interim Measures") classify 9 types of tourists who violate domestic and foreign laws and regulations that occur during domestic and overseas travel. , public order and good customs, and behaviors that cause serious negative social impacts are included in the tourism uncivilized behavior record. It is stipulated that before the tourism uncivilized behavior record is formed, it must be reviewed and approved by the tourism uncivilized behavior record review committee. The record information is retained for a period of 1 to 5 years, and dynamic management is implemented.
According to the "Interim Measures", the tourism administrative department of the State Council established a national record of uncivilized tourism behavior. Provincial tourism administrative departments may establish records of uncivilized tourism behavior within their own administrative regions.
Based on the public information, the reporter found that there are not many records of uncivilized tourism behavior released by the tourism administrative department. Instead, many w88 slot in various places have published many records of uncivilized tourism behavior.
In this regard, during the investigation process, many people raised doubts to reporters: Can w88 slot impose severe penalties on tourists for uncivilized tourism behavior, such as lifelong bans?
Yin Yu, senior partner of Guangdong Guanghe Law Firm and director of the Convention, Exhibition and Tourism Legal Affairs Committee of the Guangdong Lawyers Association, believes that w88 slot such as Shanghai Disney Resort do not have government functions and do not have the qualifications for administrative law enforcement. Their behavior of blacklisting tourists in the name of w88 slot should be classified as contractual behavior. Tourists entering the park and purchasing tickets establish an equal contractual relationship with the scenic spot. During the duration of the contract, both parties need to perform their contractual obligations, that is, tourists have the obligation to visit in a civilized manner, and the scenic spot has the obligation to provide tour services and protect the personal safety of tourists. Any violation of the above obligations shall be regarded as a breach of contract. In response to the tourist's breach of contract, the scenic spot takes measures to restrict entry or be included in the tourism blacklist, which is an act of rescission or termination of the contract by a civil subject.
"Civil contractual acts between equal subjects are different from administrative acts. If the administrative act carried out by the subject of public power is deemed illegal or unreasonable by the counterparty, the other party has the right to defend it. However, in civil contract acts, if the counterparty of the contract believes that the other party has breached the contract, it can only be relieved through civil litigation, etc." Yin Yu said.
Yang Jianshun believes that according to the provisions of the "Interim Measures", it cannot be directly deduced that w88 slot have the right to include tourists in the record of uncivilized tourism behavior. However, the management actions of w88 slot based on their management rights and relevant credit reporting rules can include tourists in the record of uncivilized tourism behavior.
Yang Jianshun analyzed that one of the uncivilized tourism behaviors listed in the "Interim Measures" is "violating the regulations of tourist venues and seriously disrupting the tourism order." This means that w88 slot, as tourist venues, can formulate regulations on tourist venues, and the regulations on tourist venues they formulate should be followed, otherwise it will constitute uncivilized tourism behaviors.
"Decisions such as lifetime ban or permanent ban are different from general temporary restrictions because they violate the main purpose of "providing public property for public use" and cannot be derived from the power to formulate public property management rules. Moreover, due to its severe infringement, a clear legal and regulatory basis is required." Yang Jianshun reminded.
Building a correct view of punishmentDynamic adjustment of blacklist
How to apply the tourism uncivilized behavior recording system to control tourists’ uncivilized behavior?
In Yang Jianshun's view, the uncivilized behavior of some tourists must be effectively stopped, educated, and punished in accordance with the law and regulations. The fines should be fined, and the education should be provided. If the Public Security Management Penalty Law should be applied, public security management penalties should be imposed in accordance with the law, and compensation should be ordered. To deal with the uncivilized behavior of individual tourists and those who persist in admonition, we can consider introducing a credit reporting system and including them in the record of uncivilized tourism behavior. However, relevant laws and regulations should be established and improved, and corresponding review organizations, procedures and standards should be improved to ensure effective regulation in accordance with laws and regulations.
Yang Jianshun said that the lifetime ban on tourists must be based on the theory of strict retention of laws and regulations; general w88 slot and other management rules should be more fully authorized to allow public property managers to give full play to their advantages. Once relevant legal norms are formulated in this field, the authority of public property managers to formulate public property management rules and the content stipulated in the rules should be absorbed by the relevant legal norms. For example, in the tourism law and related public property legislation such as parks, it is necessary to carry out top-level design of credit reporting systems such as inclusion in tourism blacklists. Even laws and regulations should adhere to the principle of prudence for measures such as lifelong ban or permanent ban. In particular, dynamic adjustment mechanisms should be set up as much as possible to implement the correct concept of punishment of "taking advantage of past mistakes to avoid future ones, and treating illnesses to save lives."
Kong Xiangwen, associate professor at the w88 casino of Law, w88 casinobelieves that from the current practice, some w88 slot have set up tourism blacklists on their own initiative, stipulating that the scenic spot can implement measures such as restricting ticket purchases and prohibiting entry for specific tourists. This is different from the aforementioned administrative tourism uncivilized behavior recording system recognized by the tourism authorities. It is a self-management measure for w88 slot, that is, it is biased towards civil private law behaviors.
“When adopting this kind of management method, w88 slot need to consider three aspects: the necessity of measures, especially because some w88 slot are public facilities in nature and may need to bear universal contracting obligations. The restrictions on tourists’ rights need to have sufficient basis and reasons. At the same time, It is also not advisable to take measures that have an excessive impact, such as lifelong bans; the legitimacy of the procedures should ensure that tourists have the right to make statements, pleas and other relief when taking such measures; if tourists have other violations of laws and regulations such as cultural relics protection and public security management, the scenic spot should promptly report it to the relevant departments for processing."Kong XiangwenSay.
Attached original text link:http://epaper.legaldaily.com.cn/fzrb/content/20240617/Articel08003GN.htm
