Tourism Crimes Prosecuted In Chinese Courts
1. Telecom Fraud Using Tourism as a Cover
Facts: A person, Tang, used “tourism” as a pretext to leave China. Once abroad, he joined a telecom fraud ring targeting victims in China. Tang facilitated money laundering and disguised transfers of funds.
Charges: Fraud and illegal border crossing.
Court Findings: The court found that Tang abused the tourism system to commit cross-border crimes. The pretext of tourism did not protect him from criminal liability.
Outcome: Tang was sentenced to six years in prison and fined. The case serves as an example of how authorities treat tourism-based cover for serious fraud.
2. Injury Caused by Wild Monkeys at Emei Mountain
Facts: A tourist, Zhang, ignored warning signs in a macaque monkey area and was bitten. The injury required medical treatment.
Legal Arguments: The court considered both Zhang’s responsibility to heed safety warnings and the scenic area’s duty to provide safe conditions.
Outcome: The parties settled through mediation. Zhang received compensation for medical expenses.
Legal Significance: Demonstrates civil liability in tourist sites and the principle that tourists share responsibility for personal safety while scenic areas must maintain reasonable safety measures.
3. Swing Bridge Accident in a Scenic Area
Facts: Tourist Zhu fell from a swinging bridge attraction during a guided tour. He suffered a serious fracture.
Legal Arguments: The court evaluated the tour company’s duty of care and Zhu’s contributory negligence for participating in a risky activity.
Outcome: Liability was apportioned 80% to the tour company and 20% to Zhu. Zhu received compensation for medical costs, disability, and related losses.
Legal Significance: Establishes how courts allocate liability between tourist operators and participants in high-risk activities.
4. Ecological Damage Caused by Tourist Fire
Facts: Tourists in a protected scenic area caused a fire that damaged the environment.
Legal Arguments: Under civil and environmental law, tourists have a duty to avoid harming public ecological resources.
Outcome: The court held the tourists liable for restoration and compensation for environmental damage.
Legal Significance: Highlights how Chinese courts enforce environmental protection even when tourists are involved.
5. Fatal Fall at the Great Wall
Facts: Tourist Chen slipped and fell during a group tour, resulting in fatal injuries.
Legal Arguments: Liability of the tour company and scenic area for safety measures and timely medical response was examined.
Outcome: Chen’s family received compensation for medical costs, funeral expenses, and loss of support.
Legal Significance: Shows how courts handle fatal tourist accidents and the responsibilities of tour operators and scenic management.
6. Unlicensed Tour Operator Fraud
Facts: An individual operated a tour business without a license, collected money for overseas tours, but did not sign contracts or provide services as promised.
Charges: Administrative violations for unlicensed business operation.
Outcome: The operator was fined, and illegal income was confiscated.
Legal Significance: Demonstrates enforcement against unlicensed tourism operations, protecting tourists from fraud.
7. Tourist Fraud Using Online Booking Platforms
Facts: A group of tourists booked luxury tours through a fraudulent online platform. The operator took payments and disappeared, leaving tourists stranded.
Charges: Fraud and illegal business operations.
Court Findings: Courts found that the operator intentionally misled tourists to extract funds.
Outcome: The operator was sentenced to prison and ordered to compensate the victims.
Legal Significance: Highlights the growing intersection of tourism and online fraud and criminal liability for operators exploiting tourists.
Key Patterns Across These Cases:
Civil and Criminal Liability: Tourism crimes in China include both civil torts (injury, environmental damage) and criminal acts (fraud, illegal border crossing).
Tourist Responsibility: Courts often consider the tourist’s own negligence or assumption of risk.
Operator / Scenic Area Duty: High duty of care is required in tourist sites, especially in high-risk activities or ecologically sensitive areas.
Regulatory Enforcement: Unlicensed tourism operations can lead to administrative penalties or criminal prosecution.
Cross-Border Fraud Awareness: Using tourism as a cover for fraud or money laundering is treated very seriously.
RELATED Blog
comments