Study On Some Law Questions Of Tourism Contract

In recent years,the tourist industry of our country greatly developed.The dispute on tourism contract increased correspondingly with the increasing trading volume of the travel. While tourism contract is a kind of contract without title in Contract Law.In practice,the tour dispute is mostly settled according to the general rules of Contract Law and administrative statute established by Tourism administrative service division.This often brings very great difficulty with trial practice.On the other hand,study and discussing on tourism contract of academia of our country are relatively less. But in the tourist activity,the travelling products are invisible and the tourist service has comprehensiveness .This makes legal question involved in tourism contract more complicated, very different from other models contract. So the research and discussion about the tourism contract are very necessary.Clarifying the disputable problem of tourism contract is favorable to settlement of the travel dispute and development of tourist industry. So this text, mainly to several comparatively typical problem which produce more dispute in the contract , make some elementary discussions.This text divides six parts altogether:Introduction part defined the definition , nature of the tourism contract at first, and has expounded the necessity of the tourism contract legislation while analyzing the complexity character of travel relation.First part is on the issue of the contracting parties and third person of the travel.In this part, the author mainly analyzes the contracting parties'ability of concluding a treaty, third person's legal nature and responsibility bearing . Think in the article , the provider of the tourist service can only be who has passed national franchise operation in our country at present; legal nature of third person is the fulfilling and assisting people; the travel agency should be responsible for assistpeople's activity in fufiling the tourism contractSecond part have explained the system about 1ransfer,change and rescission of the travel contract. Combining actual characteristic of tourist activity,the authour analyzes various kinds of situations about the change of subject and content and the contract canceling during the course of the travel contract is fulfilledThe third part is about the research of the fact that the tourism contract breaks with the problem of compensation for spiritual damages. Because theory circle dispute heavy and theory that involves more problematical to issue this, this text has described especially this part. I think because of the defect in theory , tell incidently and excessivly in practice, it shouldn't be allowed asking for compensation for spiritual damages in telling , can relieve through other way to tourist's legitimate rights and interests.The fourth part deals with the question of formatting and control about tourism contract, emphatically analyses the pros and cons of formating the tourism contract and the control method of tourism form contract.In the fifth part,author analyses the question about name the travel contract and put forward legislate scheme of it.Because study and legislation on tourism contract still lacks practice in our country , I quote a lot of legal provisions of foreign country and Taiwan area, then make analysis to it, abstract the legislative spirit favorable to the tourism contract legislation of our country, combine the current laws and regulations of our country, offer valuable reference for administration of justice and practice.