How can we put an end to the wayward adventure of the donkey friends
□ Our reporter Fan Tianjiao
□ Wang Tao, our intern
Recently, Huangshan City in Anhui Province solicited opinions from the public on the “Guiding Opinions on Compensated Rescue of Mountain Scenic Spots in Huangshan City (Consultation Draft)” (hereinafter referred to as the “Guiding Opinions”), and plans to expand the scope of paid rescue from Huangshan Scenic Area to the whole city of Huangshan Mountain scenic area. This makes the topic of paid rescue once again on the Internet hot search list.
In fact, in addition to the Huangshan Scenic Area, in Xinjiang, Tibet, Sichuan, Hubei and other places, it is not uncommon for travel companions to be trapped in their wayward expeditions, and every rescue is accompanied by huge manpower and material resources and even put rescuers in danger. territory. At present, many scenic spots across the country, including Huangshan Scenic Area, have implemented a paid rescue system. The public is mainly positive about this, but there are some concerns. Should travel friends pay for their willful behavior? How to calculate the paid rescue costs? How can we put an end to the wayward adventure behavior of the donkey friends? Thinking about these issues will help us better solve such problems.
Travellers are trapped frequently in accidents
Mountains, deserts, caves, plateaus…These places have become great places for some travellers to explore and play because of the natural scenery that is difficult to see in daily life. However, not all travel companions have professional expedition equipment and knowledge of survival in the wild. It is not uncommon to encounter distress incidents in various places due to trespassing in undeveloped and unopened areas.
In June 2019, Anhui tourist Wang entered the undeveloped and unopened Zhusha Peak area of Huangshan Scenic Area without purchasing tickets. During the climbing process, he was trapped in the rock wall because the mountain was too dangerous. In desperation, Wang Mou entered the undeveloped and unopened Zhusha Peak area of Huangshan Scenic Area. Call the police for help. After receiving the police, the Management Committee of Huangshan Scenic Area quickly organized personnel for rescue. In the end, under the joint rescue of public security, fire protection and other departments, Wang managed to escape the danger after 7 hours and 5 minutes.
Although Wang finally descended safely, according to the “Huangshan Scenic Area Compensated Rescue Implementation Measures”, he needs to pay for his “willful” expedition. After calculation, the rescue operation for Wang is divided into public rescue costs and paid rescue costs, with a total of 15,227 yuan, of which 3,206 yuan is paid for rescue, which is borne by Wang himself.
Wang was lucky. After he was trapped, he was able to call the police in time through his mobile phone, and rescuers could locate his trapped location and understand his physical condition in time. For some travel companions who lost contact during the expedition, it is much more difficult to search and rescue, and the risk is very high. In August 2020, the Management Committee of the Emei Mountain Scenic Area in Sichuan Province received reports from outsiders saying that two of their good friends had lost contact for two days after entering the Emei Mountain expedition. Afterwards, the local fire rescue department immediately organized 17 key members, local public security, scenic emergency rescue teams and other personnel to the scene to conduct search and rescue overnight. As the missing area of the two travellers belonged to undeveloped virgin forests, with high mountains and dense forests, complex environment, coupled with continuous rainfall and heavy fog, the search and rescue work was progressing with difficulty. Two days later, rescuers finally determined the location of the trapped travellers, and after more than 6 hours of difficult rescue, they took the two safely to the search and rescue headquarters down the mountain.
After the incident, the Emeishan Scenic Area Administrative Committee criticized and fined the two travellers who entered the unopened area of the Emeishan Scenic Area without authorization in accordance with the “Emeishan World Cultural and Natural Heritage Protection Regulations”. At the same time, the two of them paid more than 20,000 yuan. Rescue costs.
Paid rescue is positively affirmed
In the face of frequent distress incidents of donkey friends, many scenic spots across the country have launched a paid rescue system.
The “Paid Search and Rescue System of Daocheng Yading Scenic Spot in Ganzi Prefecture” implemented in August 2018 in Daocheng Yading Scenic Area of Sichuan Province stipulates that illegal mountaineering, illegal crossing and other outdoor activities within the scope of the scenic area and accidents caused by failure to follow the prescribed routes and regional tourism shall be implemented in the scenic area. Paid search and rescue, and according to different areas and different search and rescue difficulties, the search and rescue costs are 15,000 yuan and 20,000 yuan respectively.
After the implementation of the Implementation Measures for Compensated Rescue in Huangshan Scenic Areas in July 2018, Huangshan City recently solicited opinions from the society on the drafted Guiding Opinions, and plans to expand the scope of paid rescue from Huangshan Scenic Area to the whole city of Huangshan Mountain. The scenic spot has attracted great attention from netizens. In the comment area of related news, you can see that netizens have a relatively large percentage of positive comments on the policy. Some netizens left a message “Paid rescue should be promoted in scenic spots across the country”, “Support paid rescue in Huangshan Scenic Area”, and some netizens suggested that scenic spots take safety precautions. Measures to protect the personal safety of tourists and rescuers. In addition, some netizens expressed concern that the high rescue costs will cause the rescuers to abandon the rescue and lose the opportunity for rescue, and will there be moral hazards such as “negotiating the price first, then the rescue” or “sit on the ground to increase the price”.
In this regard, Li Mingfa, executive director of the China Civil Law Research Association and professor of the Law School of Anhui University, who participated in the expert argumentation of the “Huangshan Scenic Area Paid Rescue Implementation Measures” said: “The initial starting point of the paid rescue policy is to reduce the cost of rescue by letting fellow travellers share the rescue cost. The possibility of accidents and the frequency of unreasonable use of public resources, the starting point of formulating policies is not for profit.”
It is worth noting that at the beginning of the “Guiding Opinions”, the basic principles of paid rescue are first clarified: paid rescue should follow the concept of “life first, safety first”, adhere to the principle of rescue first, recovery, paid rescue and public rescue The principle of combining, the principle of combining education with warnings.
Since it is a paid rescue, the calculation of rescue costs is undoubtedly a key issue. Some netizens suggested: “All rescue costs should be borne by the traveler involved”, “Paid rescue should increase rescue costs”, and “During the rescue, the rescuers should be responsible for compensation for personal injuries suffered by the traveler.” Some netizens also said that whether or not to charge for rescue should not be a one-size-fits-all, but should depend on specific circumstances.
“Charges should be differentiated. For rescues caused by malicious entry into undeveloped areas, they should be charged and high; for rescues caused by accidents under normal circumstances, they should be charged according to the situation, or even waived.” Some netizens wrote.
“Paid assistance is compared with the unpaid assistance (i.e. government assistance) implemented by institutions with statutory assistance obligations. It is intended to show that the rescued person needs to share a certain amount of assistance costs, rather than referring to the rescue organization obtaining economic benefits through assistance. . For rescue actions carried out by organizations with statutory rescue obligations, the rescued should not be allowed to repay the expenses.” Li Mingfa believes that “clarifying the scope of rescue expenses that should be shared by the donkeys and the method of compensation is the core of the implementation of the paid rescue system. Where.”
Establish a diversified prevention and control system
“For a long time, China’s tourism safety rescue has overly relied on the government’s public rescue agencies, and the rescue costs are also borne by the government’s finances. If these taxpayers’ money is used for rescue operations caused by the wayward behavior of the travellers, the use of fairness and The rationality may arouse public suspicion. This is also the reason why netizens praised Wang after Huangshan Scenic Area asked Wang to bear the paid rescue cost.” Li Mingfa said that in this context, Huangshan City intends to implement a paid rescue system throughout the city. It can reduce the occurrence of distress accidents, and can also promote the rational use of financial funds to a certain extent.
Li Mingfa also stated that the “Implementation Measures for Compensated Rescue in Huangshan Scenic Spots” and the upcoming “Guiding Opinions” are only regional norms. In order to enhance the authority and scientific nature of the paid rescue policy, local legislation needs to be further promoted. At the same time, in the legislative process, attention must be paid to research and demonstration to make the rights and obligations of the multi-parties involved in paid rescue more balanced and reasonable.
In addition to implementing the paid rescue system, tourist attractions should also increase publicity and warning. Zhu Qing, executive director of the Anhui Rule of Law and Social Security Research Center and deputy dean of the Anhui University Law School, said: “The scenic spot should set up obvious signs in areas where dangers may occur, and indicate undeveloped and open areas on the tickets. Informing tourists of possible dangers in advance, this will reduce the occurrence of such dangerous incidents to a certain extent.”
At the same time, Zhu Qing also suggested that for those tourists who enter the prohibited crossing and climbing areas without permission, the scenic spot can appropriately introduce a “blacklist” system to restrict them from entering the scenic spot again within a certain period of time.
Manga / Takaoka
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