Research On The Incentive System Of Economic Law In Tourism Industry

The adjustment method of Economic law are divided into two categories: regulation method and incentive method.The incentive method which relates to economic law formed the incentive system of economic law.In this article,the study of the incentive system of economic law will be expended under the development of the rule of law in the tourism industry.As the tourism industry is important and complex,and from this specific point of view,we will attempt to intensify the theoretical research of incentive system of economic law and promote the development of tourism law practice.First of all,we can determine the possibility and value of combining the legal management of tourism with the incentive system of economic law through the historical review of the development of the legal system in tourism industry and the general description of incentive system of economic law,Regarding the general description of the incentive system of economic law it is necessary to make it clear that although the incentive phenomenon of law is widespread,and the study of the incentive phenomenon can be carried out along the two methods of the incentive function and the incentive system of law.The incentive system only focuses on providing legal norms of positive incentives.The incentive system of Economic law refers to a country formulate a legal system that positively encourages the main market by applying economical methods in order to achieve the specific economic development goals.These methods include providing right,power,interests,obligation relief and responsibility relief.The reason of implanting economic law incentive in tourism is to meet the demands of the characteristics of tourism itself,the unique situation of tourism industry in China,and to solve the external problem of tourism industry.There are principles should be followed including the principal of promoting the development of the industry itself,the principle of external control and legal regulation and the balance of government discretion.However improper incentives which are caused by various reasons and causing all kinds of harms should be prevented.Therefore the appropriate regulatory measures need to be placed in the substantive law and procedural law.Secondly,inspect the specific system through the combination of incentive tools and incentive objects in order to deepen the understanding of incentive system of economic law.In this case we Focus on the discussion of:1.The incentives of concessions operations at the scenic.Through the study in comparison of the concession operations between China and the United States,we can find the important meaning of the implementation of concession operations in scenic management.In China,the implementation of scenic concession operations are justified.It is more reasonable to place the concession rights as economic operators under the economic law.Also the protection of tourism resources,consumer interests and community residents rights and interests protection.The principle of economic efficiency and other regulatory principles should be established.In according to above principles,the establishment of the rules of regulation of scenic concession operations and the specific regulatory measures should be taken place.The steps include the certified qualification of main part in the concession legal relationship,the regulation of the concession operations,and the conduct of the concession operating contract and the relevant conduct of the concession operations during the conduct of the regulation and responsibility.2.The incentives of government subsidy.Government subsidies are free financial assistance provided to the enterprises or individuals who involve economic activities by government or other public institutions in order to promote economic development and ensure the equal economic opportunity.Categories include pay and relief subsidies,general subsidies and special subsidies.Government subsidies on the development of the tourism industry is stimulating.Incentives act requires different legal terms and conditions accordingly to the category of the incentives,while subsidies maybe also harmful if applied incorrectly.The following legal regulation should be ruled when applying government subsidies: the introduction and updates of relevant legislation,the restriction of main qualification of the subsidy body,the improvement of the corresponding procedure of the government subsidy and the setting of the right relief system.3.Financing incentives.Financing tourism enterprises is facing real bottlenecks.Regardless of dealing the financial difficulties within scenic enterprises or other small and medium enterprises,the improvement of topics that the investors are currently focusing needs to be met;Encouraging those companies which have the ability to eliminate financing information asymmetry to enter the market to trade;and creating a better system to eliminate appeals to meet the unfavorable conditions by all kind of investors.This also validated in the discussion of the securitization of admission voucher assets,the financing of high-tech online travel enterprises and the discussion of the relevant government financing platform.4.Incentives to the stakeholders.Stakeholders play important roll of tourism development.Their tourism industry associations and the third type of majors are particularly worthy of study.The allocation of economic law,including industry access,as well as the selection of government funding support methods arethe main channel to encourage the tourism industry associations.This has become uniquely reasonable and valuable to provide the Protection of the rights and interests of tourism consumers.It maybe helpful to resolve the issue of Zero-Membership-Fee Tour through consumer right protection channel and other industry operation issues such as overflow.The intensive of the community residents and community organizations in the tourist community may encourage to obtain the central position interests Protection.It also has important value to the management of tourism community.