The Research Of Format Term In Tourism Contract

Now, the research of tourism contract is very weak in national law field. Specialized research for the tourism format contract is less. On the one hand, the tourism market develops very rapidly; On the other hand, the lack of legislation and research leads to a lot of problems in tourism. It can not fit the perfect legal environment we should have after we join the World Trade Organization. In fact, the important reason of many disputes in tourism is tourism format contract. With the fact of rapid development of the tourism and a growing number of tourism disputes, I think the research for tourism format contract has important theoretical and practical significance. This article will base on the fact of the tourism contract's research and legislation, learn the results of advanced countries in the world, analysis of the issue in depth, and give my positive views. I hope it can improve our relevant laws and promote the healthy and continuous development of the tourism industry.There are three parts in the article except outside introduction and conclusion:The first part is an overview of tourism format contract. This chapter consists of basic research on the tourism contract, tourism format contract's feature and reason, the advantages and disadvantages of tourism format contract, the definition of tourism format terms. First of all, I introduce the basic situation of tourism contract, determine to research it from the narrow perspective, limit contract parties to tourist and travel agency. Besides, I analyze tourism contract's nature. Second, I point that tourism contract is becoming standard format contract, and analyze the cause of tourism format contract. Third, I discuss the advantages and disadvantages of tourism format contract, then come to the conclusion: tourism format contract is the trend of tourism development, we can not prevent its use. We should take steps to use its advantages, eliminate its shortcomings, and maximize its effectiveness. Last, I definite the basic meaning of tourism contract format term, then I point out what we should pay attention to when definite tourism contract format term. That is, in some special cases, how can we definite it.The second part is the typical analysic of unfair tourism contract format term in our country. First, I find that in our country, tourism model contract, which contains many unfair terms, has become tourism format contract actually, and I find interest of the executive-oriented is its root cause. Second, I analyze many unfair terms of tourism model contract. Besides, referencing the cases, I analyze the unfair tourism format terms in many local. This chapter is one of the key points in this article.The third part is tourism contract format term's regulation. This part is composed by legislation, administration , justice and others. First, with the basic of home and abroad, I point that we should enhance tourism contract's legislation, this is the basic method of standarding tourism market. Besides, with the basic of several different legislation, I think the most realistic and effective legislative strategy is to put tourism contract in contract law now. Second, administrative regulation is an important link. With the basic of main forms of administrative regulation in china, I give my proposals for the further improvement. Third, justified regulation is the last line of defense. I analyze the status quo and causes of justified regulation in china, then I give my specific measures for improvement. Last, I analyze other measures, including self-discipline, social control and so on. My aim is to improve the regulation way of tourism format term, promote the healthy development of tourism industry. This chapter is also the focus of this article.