Study On The Legal System Of Tourism Contract

Entering the 21st century, with the unprecedented development of productive forces, people have become increasingly demand their spiritual and cultural life. China's tourist industry is coming up to its prosperity:domestic tourism, inbound tourism and outbound tourism has become an important pillar of the development of tourism. However, China's legislation has seriously lagged behind the rapid development of the tourism industry, while a variety of travel disputes occur between the tourists and travel agencies. Early in December 2009, Hong Kong China Travel Service "selling group" cases in Hangzhou aroused wide attention from all sectors of society. How to effectively protect the legitimate rights and interests of tourists once again become the focus of discussion. Since China has no unified "Travel Law", while Civil Law does not typically provide an independent travel contract, therefore, in order to improve and strengthen the legal protection of legitimate rights and interests of tourists, we should develop "The People's Republic of China Tourism Law" and establish a comprehensive travel legal system as soon as possible. In view of this, this article combines with the legislative experience and the reality of our country, puts forward some ideas to help the Tourism Legislation of China.In addition to the introduction and conclusion, this paper is to explore the following sections:The first part, mainly introduce the basic case and the involving major legal problems.The second part, from "selling group" case I proceed to elaborate the basic theory and analysis of the Travel Contract. Discuss the various theories of tourism contract and conclude that we should make a new contract on tourism.The third part, I base on the context of "selling group" case, analyze that Hong Kong Agency shall bear all liability and define the travel agencies as the third party payment status and responsibilities. Both rights and obligations must be determined in accordance with the law and contracts.The last part, I aim at China's lack of tourism legislation, base on the combination of legislative experience in domestic and international travel contract, put forward some feasible suggestions on the construction of tourism legislation.