On The Dispute Settlement Systems Of The Transnational Tourism Services

The topic of this paper is the study of resolving mechanism for the international tour service dispute. Recently, the disputes in this field increase rapidly, partly due to the impressing development of international tour industry. As a result, how to resolve the international tour service disputes, which is a brand-new issue in law, begin to receive more and more attention, both in theoretical aspect, and in practice facet. Although traditional theories dealing with dispute dissolving also apply to dispute in tour service, but because of innate characteristics of tour industry, some new problems and situations occur in the dispute resolving. The theorists respond quickly to this and some reforms also take place in the practice. However, in comparison with the study overseas, in China, the research in this field obviously lacks enthusiasm and depth.This paper comprehensively synthesizes the theory and practice in the international tour service dispute resolving system, using comparison study and empirical research method, taking account of the difference in social systems between China and the West. The main focus of this paper is the fundamental problems in transnational tour service dispute, usual dispute dissolving method, the possible laws applied to the dispute dissolving, and for China, how to set up suitable mechanism and regulations to face the band-new problems in international tour service. In the opinion of the author, it has become a very important, worthwhile research field in international private law, with profound implications.This paper consists of six chapters beside the introduction. In the first part: introduction, I present the research literature in international tour service dispute, and put forward the basic research methods and framework in this field. Theoretically, the study of this topic could fill the blank and add to the research of international tour law in China, which is very scarce. In practice, the research of this paper could help improve the competitiveness of Chinese tour industry, and protect the consumers’ rights of tourists.In the first chapter, I broadly outline the issues of international tour service dispute. Firstly, this chapter points out the basic problems in international tour. Then I discuss the special characteristics of international tour service dispute. The last but not least, I briefly introduce the international experience in international tour service dispute resolving mechanism, and emphasize that comprehensive application law in this field is the key to dispute dissolving in international tour.In chapter 2, this paper discusses the international tour service dispute dissolving methods not using litigation, while chapter 3 presents the methods using litigation. As the society develops, large amounts of non-litigation methods occur. Beside the commonly used reconciliation,mediation and arbitration, in civil and commercial field, as a consumer, the tourist also could choose the method of complaint in the consumption of tour service. However, when used in the field of tour industry, because of tour’s special characteristics, these methods above have changed a lot. The role of reconciliation stands out, the effects of mediation are limited, while the use of arbitration has been adjusted. Secondly, in order to strengthen the protection of tourists, in international tour service dispute field, there is a tendency of jurisdiction enlargement in civil-law and common law, and in adjucation methods, the selection of small claims courts occurs.In chapter 4 and 5, I discuss the laws applicable to international tour service dispute dissolving. Chapter 4 is about the choosing of conflict rule of international travel service. Presently, in the field of international tour service dispute, there does not exist a uniform international conflict law convention. Although regional conventions abound around the world, the regulations about tour service are scarce, however. As a result, the dispute dissolving mainly depends on the choosing of conflict law in domestic laws. Currently, the basic logic in the choosing of conflict law in tour industry, is the doctrine autonomy of the will, and the doctrine of the most significant relationship. But in the specific case, the conflict law choosing also takes into account of the special characteristics of tour industry and consumer’s status as a tourist. In chapter 5,1 discuss the application of the substantive law of international tour service dispute. In this field, the most effective up to date, is“one convention”(“international convention on travel contract”) and“one organization”(“European Union”). In comparison, the effects of regional uniform substantive law are more pronounced. European Union leads the world in advocating the substantive law in transnational tour service field, and has done a good job.I discuss the question of how to set up Chinese international tour service dispute dissolving mechanism in chapter 6. In current stage, Chinese international tour service dispute dissolving methods are disintegrated, lack of power, and definite application targets, while the conflicts of laws and substantive laws are too broad, to effectively dissolve tour service disputes. Thus, I recommend that we should improve the situation through procedural laws, substantive laws and conflict of laws.