The Value Study Of Tourism Law

In recent years,as traveling has become an essential part of people's life in China,tourism has come to a boom in our country.However,along with the development emerged dramatic negative effects.Tourism fraud,forced shopping take place here and there,and unsupervised tourism development has destroyed the ecological balance.These have a strong influence on the sustainable development in tourism.In 2013,Tourism Law of People's Republic of China was implemented.The implementation of this law helps improve the regulation system,standardize operation,protect the profits of tourists and maintain the positive cycles in this industry.It also spurs the scholars to carry out further study but studies on the value of Tourism Law is seldom touched."Value is the base of law," American scholar Pond once pointed out,and the discussion of value is an unavoidable issue in the field of law.At present,various problems in our tourism system arose from a lack of analysis and theoretical support of the value of Tourism Law,which leads to a distortion in the fulfillment of value of law and consequently myriads of remaining questions in practice.The establishment of the value of Tourism law provides proper goals and principles for the implementation of laws and theoretical guidance for future law making.This dissertation,by the method of logic analysis,comparison analysis,quantitative analysis and empirical analysis,traces the previous studies from laws,economics and tourism theories,illustrates the major issues in the establishment and practice of our country's Tourism Law,and explores the connotative value and its fulfillment of Tourism Law.It consists of five chapters,discussing the value system of Tourism Law,the clash of value and the fulfillment of values.The Introduction introduces the origin,significance,and the current legislation in and abroad.Through a thorough analysis of the structure of Tourism Law,this part also specifies that Tourism Law is took on as the object of the this research.Chapter 1 ponders upon the issues concerning the value of Tourism Law,such as the revelations of the value theory,various views on the value of Tourism Law and the periodical summary of this theory.Then,it analyzes the characteristics of the value of the economics laws,listing the expected characteristics of Tourism Law as part of economics laws,that is being economic,social and practical.Later,it explains that the connotative value of Tourism Law should be approached from the characteristics of Tourism Law,the path to establish the law,the needs of concerned parts,the interior and exterior institutional base of the value system and the flexibility of values.Chapter2 explores the theoretical basis of the value of Tourism Law,which consists of the tourism ethics,business ethics and legal ethics.From the perspective of tourism ethics,as the product of market economics,tourism is endowed with cultural and spiritual values,so Tourism Law should meet the fundamental needs of tourism.The economic ethics,based on the belief that business agents seek profits,addresses the nature and function of market in the circumstances of laissez-faire,government intervention and Neoliberalism,and exposes the appeal in terms of establishing laws is to define government authority,to encourage fair competition and to protect social benefits.The legal ethics originates from civil contract and social contract,which together form the economic model of modern tourism market.Contract mirrors the needs for free competition,balance of all agents in the perspective of economic laws and protection of social benefits.Social contract requires that government partly take the place of market,suggesting the sought after social benefits and justice.Chapter3 focuses on the reestablishment of the value system of Tourism Law.The value system should embrace three levels in content:the value of order,efficiency and justice.The value of order is the basic value,and is realized by the allocation of interests or right and obligations.Specifically,its realization mainly relies on the regulation of rules in market access,transaction,competition as well as market administration.The efficiency value is first characterized by the attention to the efficiency of the whole society and the unification of the individual efficiency and social efficiency.It also has the characteristic of practicality and feasibility,underlying the laws' advancement with the time and the effectiveness.Next,the efficiency value should be represented in its positive guidance.The third value of Tourism Law,The value of justice is the pursuit of substantial justice,which is based On the public interest,engaged in protecting the tourists' interest sand dedicated to the principle of sustainable development of the overall tourism,and which is the chief value pursuit of the Tourism Law.Order,efficiency and justice,compose the value system of Tourism Law,embody its different levels of value pursuit,among which justice is the chief value,efficiency is the direct objective value of economic activities,and the order value on the one hand ensures the modal justice and on the other provides the condition and foundation for the realization of justice.The three values complement each other,and together constitute the value system of Tourism Law.And finally,the spiritual interests should be as a part when we consider the value of the Tourism Law.the content of value should change with the changing needs of people and the changes of the legal theories.The dissertation takes the non-property damage compensation as an example to prove that the change of efficiency value reflects the changing needs of people in that the non-property damage compensation has been acknowledged in the field of damage compensation.Chapter 4 deliberates on deviation of value from empirical perspective.The deviation is under the influence from the tourism legislation,law enforcement and the value identification of the social public.Value deviation is discussed in terms of article 35 in the Tourism Law,which is introduced to solve the problems caused by the much-condemned "zero negative tour expensive" and enforced shopping.But in practice this article is often abused or evaded as a result of inconsistency of the content and the lack of corresponding law support.So establishment of this article can't achieve the goal of legislation for its narrow application room.The deviation of the legislative value brings serious harm to law enforcement.It not only undermines the authority of the law,but also brings difficulty for law-executors and judicial officials to interpret the value of the law and solve the disputes,and hence the effectiveness is affected.Value deviation in the Tourism Law enforcement is reflected in the low efficiency,wrong judgement of the local tourism law-enforcing departments under the local interests.So to avoid the deviation,it is required to perfect the law interpretation,improve the quality of law-executor.In addition,deviation can be attributed to people's understanding of the value of Tourism Law.From people's active participation in the "low price package tour" and cooperation with the illegal enterprises to avoid inspection and so on,their inadequate understanding of tourism law value is revealed.The deviation of legislation,law enforcement and public understanding are mutually affected and mutually promoted.Good legislation and enforcement environment can promote people's identification with the value of the Law.Meanwhile,a correct understanding of the value of the Law and the identification with it contribute to the improvement of the legislation and law enforcement environment.Chapter 5 proposes that the realization of the law value lies in the application of the law in practice,and the research of the law value now transfers from "what should be" to"what is." This chapter conducts an empirical analysis of the problems existing in the tourism industry and puts forward some solutions.It first analyzes the causes of the tourism law value conflicts,including the interest conflicts between the main subjects,conflicts between validity of regulations as the objects,the growing demands and changing requirements of the main body.Secondly it illustrates the principles in the resolution of value conflicts,namely positivism principle and the principle of social and economic benefit.These principles bring us the enlightenment that we should resort to diverse means to solve the problem,at the same time uphold the social principle required by social justice.Therefore,the value conflict resolution should insist on the principle of legality,the best efficiency as well as sustainable development.For the realization of the principle of legality,the administrative intervention in tourism should be taken into account and the status of law and policy should be adjusted,highlighting policy is an important complement of the law,policy making and operation should be in the framework of the rule of law.Optimum efficiency principle is based on the efficiency of the government,enterprises and tourists.Pay close attention to the relation between government intervention and market freedom under dimension of enterprise efficiency.Social interest is the necessary boundary of government intervention.Regarding the impotency of self-discipline organizations in China tourist industry,a platform of joint guarantee,mutual assistance and self-discipline can be built first,following the practice in Taiwan.Tourist efficiency considers the relation between contract freedom and contract regulation,with the aim to protect the rights and interests of tourists via legal regulations.Today,the principle of sustainable development is the fundamental principle followed by countries all over the world in development of tourism economy.Sustainable development concerns relationship between tourism development and the protection of the natural environment,pays attention to the inter-generation benefit,and should also conform to the concept of harmonious coexistence with the local residents as well as improving the welfare of the local people.In the tourism development of China,problems such as unreasonable planning and design,disordered exploitation of resources and the conflict between tourism development and local benefits come into existence.Only with the rational allocation under legal justice,and the legislative planning,development,resource supervision,can the fairness and sustainability of tourism be truly realized.