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The Current Situation And The Legal Adjustment Of Dispute On Tour Contract

Posted on:2002-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:G Z GuFull Text:PDF
GTID:2156360032957255Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
In recent years,the tour industry greatly developed and the dispute on tour contractincreased correspondingly, the quality of tour service is in great need of enhancing.The disposition of dispute on tour contract is in great need of being standerdized bylawThe tour industry in our country started late and the legislation on law is in thecourse of searching. In the draft of United Contract Law, there are some legislationson tour coniract in the detailed rule and regulation,but at last they areabandoned .Maybe the Congress has something to worry about so that the contractlaw is still a kind of pontract without title.The concluding and performing of law havebeen studied by some experts,but there is little study on the Iegal adjustment ondispute on tour contract.I analysed the current situation on tour contract and studiedthe adjustment on it in order to find the methods of disposing the dispute on tourcontract and provide my own opinion on the legslition of tour contract.The tour contract is still a kind of cofltract withollt title,so it is nessesary tointroduce the conception and characteristics,the making of contract and breaking ofcontract of tour contract and explain the conception and characteristics of it. In orderto analyse the reason of the dispute on tour contract in the second part, I specially sumup the category of domestic and international tour contract. According to the data ofdispute on tour contTact in l997 l998 and l999 provided by National TOur Bureauand the data provided by the Tour Bureau of Guangxi AUtonomous Region and theBureau of Guilin,we can find that the amount and kinds of dispute on tour contractincreased greatly every year,especially the coniract about going abroad.The directreason fOr this are: l The market of tour on going abroad is in chaos,the situation ofmanaging outside legal range is serious;2 The false ads. and the promise can't beperformed.And I analysed the ecnomic reason social reason and legal reason behindthe data and provided the legal foundation for the adjustment of Iegislation of disputeon tour contract,for the precamion and methods of settlement;By comparing with thelegislation of Hongkong arid other countries,1 deeply realized the defects of ollrlegislation on tour contract and provided constructive opinion,for it.I also providedthe methods for solving the problems in our legislation ..d' execlltion of our tourindustry such as the backward legislation,the great need of perfecting,theuntransparentation and unathourity of law on touf,the problem that the proper right ofthe subject of tour legal relationship,etc.We must try to find some measures to preventso as to reduce the amouni of dispute. Once the displlte accoured,the eoncered partywill find proper method to settle the displlte on tour contract and protect hisrights.According to the relative regulation of our country the concerned party canselect one of the five methods to settle the dispute .And the five methods are:consultation,mediatation,complaiIltation,ar and sue.China has met agreements with the USA and Europe,so it is certain that Chinawill be a member of WTO in 2002.After entering WTO,China will be the greatest reception country in the world because of its great atraction. Tour industry will be a leading industry and lead relative industry into boost. With the development of tour industry ,the dispute on tour contract will increase upingly. By ways of discussing of the tour contract,this theme provided the method for disposing the dispute of tour contract and direct the method of hanlding the dispute and appeal for the legislation on tour contract.
Keywords/Search Tags:Dispute on tour contract, Current situation, Legal adjustment
PDF Full Text Request
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