05/11/2024

Some tourists trespass into unopened areas. Experts recommend a blacklist system for punishment.

By szjpkitchen.com

In recent discussions about a rising trend among adventure seekers, some tourists have sparked controversy by entering closed-off areas of scenic spots without permission. Experts are now suggesting a more robust system to manage this behavior, including a blacklist for repeat offenders.

The allure of the mysterious Ailao Mountain in Yunnan has captivated many, particularly after a social media influencer posted a video of their solo expedition to mine minerals there. The video showcased misty green forests, chirping birds, and the serene sounds of untouched waters, prompting a surge of visitors eager to explore these off-limits regions.

On October 6, the Chuxiong Management Bureau of the Ailao Mountain Nature Reserve released guidelines reminding visitors that entering these restricted areas without approval can lead to fines between $15 and $750. Recent years have seen a growing enthusiasm for outdoor treks, as quieter natural reserves draw increasing numbers of thrill-seeking tourists. These actions raise pressing questions: Are there legal implications for “wild trekking”? Who is responsible if a tourist gets hurt in a closed area? How can attractions enhance their safety protocols?

A notable case involved the influencer who journeyed unaccompanied to a non-developed section of Ailao Mountain, which was classified as a protected area. Authorities contacted the influencer, criticized their actions, and requested the return of any collected materials.

Similarly, in the Yading National Nature Reserve, officials reported incidents of tourists trespassing into undeveloped areas for unauthorized hikes, with some even damaging park facilities after hours. As a result, those involved have been banned for life from entering the reserve.

Li Jing, an associate professor at East China University of Political Science and Law, noted that individuals who enter restricted areas may violate regulations governing natural reserves. If their actions result in harm to others or the environment, they could face civil or even criminal liability.

In light of these mounting challenges, Li emphasized the need for tourists posting their exploits online to ensure their information is accurate, as misleading content could have serious repercussions. If false claims lead to injuries, these individuals could be held liable. Social media platforms also share a responsibility for monitoring the content they allow, especially when safety is at risk.

Reflecting on past incidents, several cases have emerged where adventurous efforts to explore “wild paths” led to significant damage, injuries, or financial losses for parks. For example, three individuals attempting to climb the restricted Giant Python Peak at Sanqingshan used equipment that left permanent damage to the natural landscape. The court sentenced two of them to prison and fined them over $900,000 for environmental damages.

In another incident, two tourists who strayed into a non-public area in Shitai County were lost for hours before a rescue team located them. Although they faced a minor fine, they were also given a cautionary lecture.

The question remains: Who should bear the responsibility for the injuries or damages resulting from these unauthorized adventures? According to Li, the Civil Code recognizes the concept of “assuming risks,” meaning that adventurers should fully understand the potential hazards of their chosen activities.

Yin Yu, chair of the Guangdong Provincial Lawyers Association’s Conference and Tourism Law Committee, offered insight into the responsibilities of scenic area operators. These facilities must provide reasonable safety measures and clear communication regarding safety protocols to mitigate risks.

Experts agree that there is a pressing need for stricter enforcement of regulations. Li suggested stronger penalties for those who violate no-entry rules, such as fines, administrative detentions, and a nationwide blacklist for severe offenders. Yin proposed enhancing monitoring systems, such as implementing smart surveillance and drones, to better oversee restricted areas.

With increasing incidents of unauthorized access to scenic areas, it is crucial for both visitors and operators to adopt a more conscientious approach to safety and rule compliance. The recent decision to ban eight tourists from the Yading reserve has sparked conversations among netizens about implementing similar measures elsewhere.

As we tackle these issues, it’s evident that improving awareness and education on responsible tourism will be vital in preserving nature’s beauty and ensuring visitor safety.