On Studying Of Legal Problems Of Chinese Mainlanders Traveling To Taiwan

The formal cross-strait agreement signed in June, 2008 in regard to the opening up of Taiwan to mainland tourists symbolizes the official openness of Taiwan's tourism to the Chinese mainlanders. Reached between the governments of mainland China and Taiwan, this agreement complies with the common aspiration of compatriots on both sides of the Straits for a better communication and further collaboration, and promotes their mutual understanding and exchange as well. It is of great significance in boosting the cross-strait economic development, realizing social prosperity, and keeping in close contact with compatriots in Taiwan as well as improving the welfare of people on both sides.Presently, Chinese mainlanders traveling to Taiwan have to participate in group tour, which is organized by travel agencies of both sides, involving complicated legal relationship. While Taiwan's tourism is heating up, some legal problems are also exposed in subsequence. This dissertation analyzes those legal problems existing in the travel contract, insurance and solutions for travel disputes, together with the corresponding suggestions and proposals, and also provides suggestions for establishing and improving the legal framework of the openness of Taiwan's tourism to the Chinese mainlanders in reference to"Economic Cooperation Framework Agreement"(ECFA).This research consists of six chapters:Chapter one is introduction which is includes background of selecting the subject, significance of research, current situation of research on Chinese mainlanders traveling to Taiwan.Chapter two is an overview of the development of Taiwan's tourism opening up to the Chinese mainlanders and the cross-strait tourist industry. The main content includes its development history and current situation, and the profile of the administrative system plus the legislation of the cross-strait tourism.Chapter three deals with the legal issues concerning the travel contract signed by mainlanders traveling to Taiwan, which includes a brief introduction of the travel contract, the current operation procedures for traveling in Taiwan, the particularity of the contract and the legal relationship formulated in course of the traveling as well as the interpretation of interrelated issues from the"model contract". Chapter four is devoted to the legal issues concerning the travel insurance for mainlanders traveling to Taiwan. The insurance type and contract relationship are presented, followed by some unsolved insurance problems arising from the traveling and the relevant suggestions for improvement.Chapter five is the solutions for legal problems of travel disputes in Chinese mainlanders traveling to Taiwan.This part includes ltype of lawsuit, tort lawsuit and constitutes breach lawsuit.Chapter six probes into the establishment and improvement of the legal mechanism for the openness of Taiwan's tourism to the Chinese mainlanders, which is further elaborated from the angles of the regional law and domestic law respectively. On one hand, mainland China should negotiate with Taiwan in a positive way to set up the regional legislation for cross-strait tourism; on the other hand, the tourism legislation in mainland should be improved to comply with the international trend and cooperate with the regional legislation.