Legal Issues Study On The System Of Travel Agency Liability Insurance In China

《The provision of travel agents insuring travel agency liability insurance》has become effective Since September 1,2001,travel agency liability insurance which take place of travel accidence insurance become travel enforcement insurance.The system of travel agency liability insurance is a new kind of liability insurance system which based the consideration of diverting the risk of travel agents in order to protect both travel agents and travelers. Observing the effect after the system of travel agency liability insurance carried out,travel agents couldn't evade and drop the risk by travel agency liability insurance,the travel agency liability insurance couldn't protect rights and interests of travel agents and travelers,also.It is opposite to the legislative aim.So,it is necessary to have a heart searching of the present situation of the system of travel agency liability insurance and re-structure the system of travel agency liability insurance for adapt and stimulate the development of travel industry. The article is a result that the author as a jurisprudent analysis the travel agency liability insurance on the present being questions and put forward with countermeasures.wish it is helpful to improve the system of travel agency liability insurance.The article is divided into three main parts.The first part is the introduction,the text is divided into PartⅡ,and partⅢconsists of conclusions.Introduction mainly explains the author's motives and objectives of the article.As a provider about synthesized service,travel agents provide the travel services that have the following synthesized features:transfer in the space and implicate in a wide range.In the travel organized by travel agents,the incidents that the traveler bring about Personal injury and Property damage often occur,it is very Prominent that travel agents would be faced to tort Liability and contract Liability.In other words,the industry of travel agents has become the High-risk industry.The system of travel agency liability insurance has the function of transfer liability risk,it is popular at first.But,because of the faulty in the system design and the Non-standard operation in practice,the question that it have existed constraints severely its function.So,it is necessary to make the system of travel agency liability insurance perfect.Text consists of three chapters:ChapterⅠ:general theory about the system of travel agency liability insurance.The chapter introduces its system base,system history,system contents and system value. ChapterⅡ:the legal research on questions of the system of travel agency liability insurance.The chapter analyzes several legal questions that the system of travel agency liability insurance has existed:sources of the law are lower in the effect level and legal norms have conflict;insurance coverage is too narrow,the excluded liability of insurance companies is too many;rights and obligations of parties in travel agency liability insurance contract are unequal,the awareness on the legal status of travel agents and travelers is very disordered,the protection to travelers is inadequate.ChapterⅢ:countermeasures of improving the system of travel agency liability insurance.According to the above issues,the chapter proposes some countermeasures.Last part is conclusion,which is an overview of this article.The author thinks,in the legal aspects,improving the system of travel agency liability insurance needs:administrative regulations stipulate dearly that travel agency liability insurance is the compulsory liability insurance in nature;stipulate clearly the insurance coverage and the forms of liability to travel agents;counterbalance the interest of travel agents,insurance companies and travelers;the legislation endows the sufferer with the direct claim of the third party in travel agency liability insurance.The article has used the history,the comparison,the analysis and the legal precedent research methods.