Workflow
安全责任主体划分
icon
Search documents
如何把好孩子研学路上的安全关?
Core Viewpoint - The current study tour market is facing significant safety risks due to inadequate safety plans, inconsistent teacher qualifications, and the presence of "unfair clauses" in contracts, which complicate parents' efforts to seek redress after incidents occur [1][2][3] Group 1: Safety Risks and Challenges - Safety risks in study tours are attributed to multiple factors, including students' immature safety awareness and the complex nature of safety risks, which include both human and environmental factors [1][2] - The lack of clear delineation of safety responsibilities among various stakeholders (organizers, contractors, suppliers) exacerbates risks, as any party's failure can amplify potential dangers [2] - The study tour industry suffers from low entry barriers and a lack of unified qualification certifications, particularly for temporary summer camps, leading to insufficient professional staff and emergency preparedness [2][3] Group 2: Regulatory and Institutional Issues - The regulatory framework is inadequate, with overlapping responsibilities across education, tourism, market regulation, and transportation sectors, making it difficult to form a cohesive regulatory approach [2][3] - There is a lack of industry self-regulation, with no unified safety standards or self-governing norms, resulting in low levels of industry discipline [2][3] - Some organizations prioritize profit over safety, investing heavily in advertising while cutting costs in critical areas such as staff hiring, venue selection, and safety training, thereby creating numerous safety hazards [2][3] Group 3: Legal and Contractual Concerns - Certain study tour or travel organizations utilize standard contracts with "unfair clauses" that require parents and students to assume responsibility for property loss and personal injury, complicating claims for compensation in the event of safety issues [2][3] - According to the Civil Code and Consumer Rights Protection Law, such "unfair clauses" are deemed invalid as they exempt organizations from their contractual obligations and infringe on consumers' legitimate rights [2][3] Group 4: Recommendations for Improvement - Establishing a safety responsibility framework is essential, which includes legislative measures or mandatory standards that clarify the safety management responsibilities of organizers throughout the entire process of study tours [3] - Regulatory bodies should develop and promote standardized, fair study tour contracts, explicitly prohibiting unilateral exemption clauses and enhancing contract review processes to correct illegal terms [3] - A multi-faceted governance model involving government, society, schools, and families should be constructed to promote healthy industry development and establish a national "red and black list" platform for study tour organizations to strengthen credit constraints [4]