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on september 30, the supreme people's court released five typical cases of tourism disputes based on the specific situation of frequent disputes in the current tourism market. among them, the "health rights dispute case between zhang and the emeishan management committee" deserves attention.

in august 2017, zhang heard that the monkeys in mount emei were lively, cute, and close to people. he made a special trip to the mount emei scenic area to watch monkeys. ignoring the warning that tourists should keep a safe distance from the monkeys, he entered the monkey gathering area to tease and feed the monkeys. he accidentally being scratched by a monkey. after receiving rescue from the staff of the emeishan scenic area management committee (hereinafter referred to as the "emeishan management committee"), zhang called the tourism dispute hotline of the tourism and environmental protection tribunal of the people's court of emeishan city, sichuan province (hereinafter referred to as the "emeishan tourism and environmental protection tribunal"). demand compensation from the emeishan administrative committee. the staff of the emeishan tourism and environmental protection tribunal quickly arrived at the scene after receiving the call, explained the law and reasoning to both parties, and carried out mediation work.

the emeishan tourism and environmental protection tribunal held that according to article 37 of the tort law of the people's republic of china (now article 1198 of the civil code of the people's republic of china), operators and managers of public places have safety guarantee obligations and failed to fulfill their safety obligations. if the duty of protection causes damage to others, the party shall bear tort liability. at the same time, safety assurance obligations should be controlled within reasonable limits. the wild monkeys in the scenic area involved in the case can have relatively free contact with tourists, and the scenic area should assume a higher level of guarantee obligations in terms of the personal and property safety of tourists. although the emeishan management committee has set up railings, warning signs, etc., it has not fully fulfilled its safety guarantee obligations. zhang failed to comply with the warning requirements of the scenic spot on maintaining a safe distance, entered the monkey gathering area to entertain and feed the monkeys, and did not fully fulfill his corresponding duty of care. at the same time, considering that zhang only needs to be vaccinated and does not constitute a disability level, the emeishan management committee will compensate zhang for the vaccine cost of 1,000 yuan.

red star news reporter qi biao