An Analysis On The Problems Of The Tourist Rights And Interests Protection In The Traveling Contract

As people's standard of material life is developing day by day, traveling plays an important part in people's life. With the flourishing of travel industry, the disputes about the traveling contract become more and more. The travel agency usually encroach the tourist's rights and interests in the traveling operation. However, it is a pity, our contract not only lacks the standard which directly on the civil law adjusts, but also lacks the special legal rule on the traveling abuse of authority. The flaw of law causes many kinds of legal basis and the results of processing on the problems of travel dispute in the practice. The tourist's benefit also can not be protected effectively.In this article, it is believed that only the travel agency undertakes its proper civil liability to the tourist, the travel agency can be urged to defend tourist's legal rights and interests well, the travel agency can also foresee the traveling dispute in the controllable scope and reduce the risk, thus the tourism can develop well. Therefore, this article unifies the domestic and foreign related traveling legislation with our country's judicial practice, carries on the limits to the traveling contract's concept. On the foundation of the analysis on the specific responsibility of the travel agency, the civil liability for breach contract and tort liability of the travel agency in the traveling activity has been discussed, in order to provide the reference of the traveling law. It is believed that currently the travel agency in our country can only be the national special permission management, legal nature of the third party should fulfill the responsibility of assistant in the payment of traveling. In order to protect the tourist's right, the travel agency should be responsible for the fulfillment of traveling contract performance of the assistant's behavior of the debt contract. At the same time, it analysis the respective responsibility of the travel agency according to different results due to different personal and property rights which are being infringed upon. It also analysis how to protect the right of the tourist when there is liability for breach of contract and tort liability. Moreover, according to the comparison of the spirit damage compensate of the different countries' legislations, it is believed that our countries' legislation should acknowledge the spirit damage compensate in traveling contract. At the same time, it is pointed out that the law must establish the certain strict limits of protection related spiritual benefit. It also analysis the spirit damage compensates suitable condition.