Research On The Problems Of The Tour Operator's Responsibility In Tourist Contract

With the continuous improvement of our social and economic level, the tourism industry has developed so fast. Tourism has become an important part of leisure in our lives. As an important way, travel contract takes an significant role of our choice. but China's current laws on the travel contract is not perfect. This paper based on travel contract, combined with domestic and international legal practice and relevant research information, trying to analysize legal responsibility of business people in travel. and strive to thoroughly explore the tourism business liability of the related key issues, and build our positive proposals related systems.Firstly, the paper will clarify the contract with the travel-related basic problems, the concept of tourism contracts, legal characteristics and to explore and define the legal nature, while the tourism business people to define the qualifications and legal status of their analysis. Secondly, combined with civil law and common law in some countries experience in legislation and judicial practice, it will discusse Traveling fault liability, defective warranty, breach of non-property damage and the third people fulfilling responsibility and accountability. At the same time the paper points out that the responsibility of the tourism business people should be limited. Meanwhile, it is necessary to prevent abuse of the rights of tourists, in order to maximize the realization of the objectives of the legal pursuit of justice. Finally, the author discusses the current shortage of travel laws and regulations, also giving advice on improvement of tourism business liability of the system.