Picking flowers, climbing trees, digging water lilies, stealing ducks and other uncivilized behaviors attract public outrage, expert advice
Take joint punishment to regulate uncivilized behavior of tourists
● In order to regulate uncivilized behavior, the relevant state departments established a tourist "blacklist" system as early as 2015, and then various places also introduced a tourist uncivilized behavior record system
● Parks and scenic spots should firstly do a good job of publicity and warning notices, and set up warning signs or voice prompts to inform tourists that uncivilized behavior will be exposed by the park.
If under this circumstance, some tourists still go their own way and cause serious impact, these tourists should be exposed and information recorded
● The "blacklist" system of tourists increases the moral cost and credit cost of tourists' uncivilized behavior, which has a certain positive significance for regulating tourists' behavior, but there are also many problems in reality, such as the lack of a unified and effective collection, identification, and punishment mechanism , joint punishment is difficult to implement, etc., and further adjustments are needed in terms of legislation, law enforcement, and administrative relief paths.
□ Sun Tianjiao, a trainee reporter of this newspaper
□ Our reporter Chen Lei
"I'm so sorry to take home the things from the park" "Don't cover it up on such a hot day, take it out quickly"...
Recently, a video that caused heated discussions on the Internet showed that a man tried to pack ducks from Beijing Taoranting Park into a bag and take them away.
Eventually, the man opened his satchel, took out a white duck, and threw it into the lake.
After the incident, the staff of Taoranting Park Management Office responded that the law enforcement department had found the tourist and gave him a warning and punishment.
In addition, the person in charge of the relevant department of the Beijing Park Management Center stated that according to relevant regulations, the uncivilized park visit has been declared to the cultural and tourism department to be included in the tourism uncivilized behavior record.
Once included in the "blacklist", all Beijing's municipal parks, including Taoranting Park, will ban the man from entering the parks.
In fact, similar tourism uncivilized behavior is not uncommon.
Not long ago, Zhang Moumou was placed on the "blacklist" by the Kunming Botanical Garden for 3 years because he dug up several water lilies at the Kunming Botanical Garden in Yunnan.
After a woman slapped glass at the Wuxi Zoo in Jiangsu, causing baboons to rage and bump their heads, it was exposed on the Internet, which also sparked unanimous condemnation from everyone.
In order to regulate this kind of uncivilized behavior, the relevant state departments also established a tourist "blacklist" system as early as 2015, and then various places also introduced a tourist uncivilized behavior record system.
A number of industry experts said in an interview with a reporter from the "Rules of Law Daily" recently that the "blacklist" system for tourists has increased the moral and credit costs of tourists' uncivilized behavior, which has a certain positive significance for regulating tourists' behavior, but there are also inconsistencies in reality. There are few problems, such as the lack of a unified and effective collection, identification, and punishment mechanism, and the difficulty of implementing joint punishment. It is still necessary to further adjust the legislation, law enforcement, and administrative relief paths to promote the improvement of the system.
Uncivilized behavior is bad for the landscape
Build a "blacklist" for joint punishment
Recently, Ms. Zhang's family, a Beijing citizen, took advantage of the weekend to visit the National Botanical Garden and saw a terrible scene: under a beautiful sky flower, some people directly stretched out their hands to pull the branches and plucked the flowers, and some people carried their children and climbed up the branches. Photograph.
Seeing this scene, Ms. Zhang's 3-year-old son also shouted: "Mom, I also want to pick a flower, and I also want to sit on the tree and take pictures." Ms. Zhang told him seriously: "Don't see others do you too. Do, this is uncivilized behavior."
"This kind of uncivilized phenomenon of tourists is too common, such as throwing garbage, stepping on public seating facilities, letting children defecate anywhere, etc." Ms. Zhang said that the existence of uncivilized behavior not only greatly affects the experience of visiting the park, but also affects children. cause misperceptions.
Xu Xiao (pseudonym), who has worked as a tour guide in Jiangxi for 19 years, told reporters that the quality of tourists has improved significantly in recent years, but there are still occasions such as stepping on lawns, smoking in non-smoking areas, and climbing flowers and fruits.
Scenic spots usually indicate in the park instructions that uncivilized behavior will be punished, but in practice, it is often difficult to detect and collect evidence in time.
I hope that there will be more effective disciplinary measures, so that all uncivilized behaviors will be "death in the light of the light".
In order to punish tourists for their uncivilized behavior, in March 2015, the former National Tourism Administration issued the "Interim Measures for the Management of Tourists' Uncivilized Behavior Records", which was revised in May 2016 to "Interim Measures for the Management of Tourist Uncivilized Behavior Records" (hereinafter referred to as the "Interim Measures for the Management of Tourist Uncivilized Behavior Records"). "Measures"), including 9 kinds of tourists' behaviors that violated domestic and foreign laws and regulations, public order and good customs, and caused serious social adverse effects in the process of tourism at home and abroad, into the tourism uncivilized behavior record, and stipulated that the tourism uncivilized behavior record should be formed before it is formed. After being reviewed and approved by the Tourism Uncivilized Behavior Record Review Committee, the record information is kept for a period of 1 to 5 years, and dynamic management is implemented.
Subsequently, some places also began to explore the tourism uncivilized behavior record system.
In 2016, the "Interim Measures for the Management of Records of Uncivilized Tourism Behavior in Beijing" was promulgated.
In June 2020, the "Beijing Municipal Regulations on the Promotion of Civilized Behaviors" was officially implemented, and it was proposed that the publicized "records of uncivilized tourism behaviors" should be reported to tourism industry associations, travel agencies, A-level scenic spots, and star-level information through the internal information platform, depending on the circumstances. The hotel is notified.
Further strengthen the restraint and punishment of uncivilized tourists and uncivilized tourism practitioners, and build a joint disciplinary mechanism of "one place is punished, and the other is limited".
In January 2021, the "Jiangsu Province Interim Measures for the Management of Tourism Uncivilized Behavior Records" was issued, which stipulated the definition of tourism uncivilized behavior, the main information of tourism uncivilized behavior records, and the implementation of joint disciplinary measures.
According to the regulations, the record information identified by the Jiangsu Provincial Department of Culture and Tourism will also be submitted to the Ministry of Culture and Tourism, and shared with 14 units including the Provincial Public Security Department and the Provincial Department of Transportation, to build a "one place punished and everywhere restricted" system. Joint disciplinary mechanism.
Rarely included in the "blacklist"
Relief procedures are not perfect
According to Li Jing, an associate professor at East China University of Political Science and Law, once the "blacklist" is made public, the uncivilized behavior of tourism entities will have an immediate negative impact on the industry and even the whole society, and its negative and warning effects will bring sanctions to the tourism entities. It also better reflects the finality of the tourism administrative "blacklist" system as a credit punishment.
According to Qi Xiaobo, assistant director of the Tourism Research Center of the Institute of Geographical Resources of the Chinese Academy of Sciences, the significance of the "blacklist" system lies in deterrence and demonstration. The response to the uncivilized behavior that occurs, expresses the attitude of the industry management agency and the whole society to resist and condemn uncivilized tourism behavior.
However, it is worth noting that the record data of uncivilized travel behaviors announced by the cultural and tourism departments are not much compared with the existing uncivilized travel behaviors.
According to official information, since the release of the "Measures", as of July 2021, a total of 38 people have been included in the "blacklist" of uncivilized tourism behavior.
Since April 2020, Beijing has launched a special rectification action for uncivilized park behavior. As of September 2021, the city’s parks have discouraged various uncivilized behaviors for a total of more than 789,000 times. Behavioural records".
At the same time, the actual operation of the joint punishment mechanism of "punished in one place and restricted everywhere" also has certain difficulties.
Li Jing analyzed that due to the rapid development of my country's tourism industry, involving many tourism entities and tourist locations, it covers almost all provinces, cities and even more administrative levels in the country, and the system rules and law enforcement efforts are uneven across the country, which will lead to the same behavior. In place A, they will be included in the tourism "blacklist", but they will not be included in place B. Most of the people who are on the local tourism "blacklist" have not received the actual punishment of "one place is punished, and every place is restricted".
Li Jing believes that in addition to the lack of a linkage mechanism between departments, the local version of the tourism "blacklist" and the national version of the "blacklist" have not formed an effective linkage mechanism.
Those who are included in the local "blacklist" may not be included in the national "blacklist" and fail to effectively form a "one network".
"The 'blacklist' system for tourists is not perfect for record objection and relief procedures." Li Jing said that although the "Measures" stipulate the right of defense for the parties, the "blacklist" has been formed and made public at this time, which brings great influence to the parties. The effects are irreversible.
It is not clear how long the process will take, from the parties filing a complaint, to the tourism authority reviewing and deciding whether to accept or not, and then shortening the record period or withdrawing the record.
Scenic spots set up warning exposure platforms
Beware of Overexposure Caused Infringement
In addition to the relevant documents issued by the relevant departments to rectify the uncivilized behavior of tourism, in reality, some scenic spots have adopted various methods to "show their swords" to tourists who have uncivilized behaviors.
Recently, the reporter saw at the Beijing Zoo that several display boards have been erected at the entrance of the zoo, Monkey Mountain, outside the Aquarium and other places with high traffic flow - the Beijing Zoo's Uncivilized Behavior Warning Exposure Platform, which reads "The following behaviors of tourists. Once found, it will be included in the park's uncivilized behavior record and pulled into the park's 'blacklist'."
The publicized uncivilized behaviors include picking flowers and fruits, climbing trees, picking wild vegetables, etc., with photos of tourists who behave accordingly.
In addition to the public photos, the Beijing Zoo also exposed the results of punishment for uncivilized behavior.
For example, a man surnamed Qin was issued a penalty decision and fined him 50 yuan for climbing a tree on a fence to pick fruit in an African animal area.
The reporter's investigation found that in addition to placing exposure display boards in parks and scenic spots, some areas or scenic spots will occasionally expose tourists' uncivilized behaviors on social media platforms, and publish photos of tourists with uncivilized behaviors, some of which have not been technically processed. , the face, clothing, etc. are clearly visible.
Experts interviewed believe that exposure must be taken to avoid infringing on tourists' privacy and other personal rights.
In Li Jing's view, the "blacklist" system is a comprehensive rule with functions such as recording, publicity, and punishment. Social publicity is an important part of its credit binding force, which is conducive to social supervision.
But on the other hand, it is also easy to infringe on the privacy and reputation rights of tourism subjects.
Qi Xiaobo believes that parks and scenic spots must first do a good job of publicity and warning notices, and set up warning signs or voice prompts to inform tourists that uncivilized behavior will be exposed by the park.
If under this circumstance, some tourists still go their own way and cause serious impact, these tourists should be exposed and information recorded.
"Regulations on tourists' uncivilized behavior should be refined and graded. For example, the disciplinary measures that should be taken for littering and damage to ornamental items should be different. Regulations on tourists' uncivilized behavior should be further refined and graded to facilitate practical work. Operation and implementation." Qi Xiaobo said.
Action after classification assessment
Give full play to the binding force of the credit reporting system
The interviewed experts said that corresponding warnings and punishments are needed for tourists’ uncivilized behavior. Since the implementation of the tourist “blacklist” and other systems, it has been affected by various factors and has limited effect. Therefore, it is recommended to focus on legislation, law enforcement, and administrative relief. Adjustments are made to promote the improvement of the system.
From a legislative perspective, Qi Xiaobo proposed to improve the "Measures" and detailed rules that have been issued.
At present, the "Measures" lack the support of higher-level regulations, and can incorporate the relevant content of tourists' uncivilized behavior records into administrative regulations, and clarify that airlines, travel agencies, scenic spots, hotels and other enterprises can refuse to provide relevant services to parties included in the tourists' uncivilized behavior records; The parties to uncivilized tourism behaviors with serious circumstances and bad social impact shall receive a certain period of civilized tourism education and training before leaving the country; more refined management of uncivilized behaviors of different nature and degree of harm shall be carried out, and classified assessments shall be carried out and measures shall be taken. appropriate penalties.
Li Jing believes that it is necessary to strengthen the legal protection of the personal rights of tourism subjects.
In view of the fact that the "blacklist" system itself may have a serious impact on the private life and tranquility of the recorded person and infringe on their relevant legitimate rights and interests, relevant laws and regulations must balance the legitimate rights and interests of the subjects involved and the public interests. It is recommended that Under the premise of not affecting the publicity of the list, the part of the publicity content that may be detrimental to the relevant legitimate rights and interests of the parties involved and the tranquility of private life will be hidden.
"Uncivilized behaviors must be effectively sorted out and classified, and punishable measures with strong operability are introduced. At the same time, the tourism administrative department shall be given the authority to impose administrative penalties on uncivilized tourist behavior. For uncivilized tour guides and travel agencies, strict enforcement Business restrictions, that is, according to different violations, clarify the time limit for not entering the relevant service market, etc., and increase the cost of violations." Li Jing said, in addition, the "blacklist" should be connected with a unified social credit investigation system, promote information sharing, and give full play to the information collection system. The powerful social restraint effect of the trust system.
Li Jing called for more paths such as administrative reconsideration and litigation to improve relief procedures.
Due to the particularity of credit penalty and reputation penalty in the sanction measures of the tourism administrative "blacklist", the wrong or improper listing will cause various degrees of loss of credit and property to natural persons and legal persons.
At present, the "Measures" only stipulate the rights of the recorded person to plead, but do not stipulate the remedies for causing damage.
As the tourism administrative "blacklist", the competent tourism department is listed as the main body of power, and should also undertake the obligation of compensation for losses.
In addition, Qi Xiaobo believes that social participation should be increased, and publicity and public opinion should be used to draw attention to civilized travel.
At the same time, unblock the channels for reporting uncivilized behaviors, collect clues about uncivilized behaviors of tourists from the whole society, and jointly maintain a good tourism environment.