The Suggestion Of China Travel Contract Legislation

In our country, the contract law didn't regulate the travel contract as to the typical contract, therefore the travel contract is still a nameless contract up to now and the legislation and the legal application exist some serious blemish. These problems not only go against the resolution of the travel disputes, but also are not extremely symmetric with the vigorous development of the travel market and can't suit to the perfect legal environment that our country is supposed to establish after our country jointed WTO. So it is imminent to constitute and perfect the self-contained institutions of the travel contract.This article will study carefully the elementary theory about the travel contract system, the reference of various countries and areas legislation experience, and the present situation of our country's travel contract legislation, then proposing some own viewpoints for the constructs of our country travel contract law.The full article divides four partsPart one studies on the basic theory research of travel contract, including the concept, legal characteristics and legal nature of the travel contract.Part two studies the travel contract legislation pattern and the legislation content in other countries or the areas, hoping that we can think about the successful experiences when china begins to constitute and perfect the travel contract.Part three analyzes the travel contract legislation present situation in china, pointing out the problems arising from the legislation and the challenge to the jurisdiction..Part four puts forward that our country's travel contract should be supposed independent and typical. Then discusses the way of travel contract legislation and several important systems that need perfecting.