The Strengthening Of Chinese Tourism Dispute Arbitration Mechanism

Nowadays, with the continuous development of Chinese economy and the continuous adjustment of the country’s industrial structure,the tertiary industry has occupied an important position in the whole national economy.At the same time, the tourism industry has gradually become an important pillar of the tertiary industry. However, due to the late start of the development of Chinese tourism industry, tourism legislation lacked the degree of standardization of the tourism industry is not high, tourism practitioners in different ways, in addition to tourists rights awareness is not high, tourism disputes occur frequently, it seriously affected the development of tourism industry healthy and normatively as well as the harmony and stability of the entire social.At present, the major settlement ways of travel disputes are conciliation, mediation, complaint, arbitration and litigation in China. However, compared with other commercial disputes, there are the legally complex relationships, the unequal status of the parties to the dispute, the breadth and micro-resistance and other characteristics of the travel disputes, so it makes the many travel dispute resolution mechanism in the actual situation is difficult to give full play to its own advantages and role, the resolution of the travel dispute is not optimistic.Compared to the other travel dispute resolution mechanisms, arbitration has the huge advantage because of its professionalism, flexibility, confidentiality, efficiency and international. The arbitration has Played an irreplaceable important role in safeguarding the legitimate rights and interests of tourists to ease the pressure of court proceedings, to improve the tourism environment under the rule of law and the promotion of tourism standardization and international development.Although Chinese tourism arbitration of disputes settlement mechanism has irreplaceable advantages, but in practice the implementation and development of facing many difficulties, such as the public awareness of the law of arbitration generally lack the absence of tourism legislation and arbitration policy constraints, the travel dispute arbitration agreement difficult to reach, the existing arbitral bodies set deficiencies, and the fees for the arbitration rules are not conducive to tourism dispute resolution. So China should be based on its own national conditions as well as combined with advanced practices to take measures to enhance the the travel dispute arbitration legal awareness, the implementation of the travel dispute arbitration agreement system, the establishment of the travel dispute arbitration specialized agencies, the formation of the travel dispute arbitration team of experts, to design efficient and convenient arbitration proceedings as well as improve the tourism dispute arbitration rules on fees on our existing travel arbitration of disputes settlement mechanism to be strengthened, in order to maximize the travel dispute to arbitration advantage of the mechanism, further improve and improve the tourism dispute arbitration system, thus contributing to efficient travel disputes in a timely manner, harmonious solution and tourism norms and healthy development.