A Study On The Determination And Resolution Mechanism Of Civil Liability Of Tourism Contract Disputes In China

With the improvement of the level of national income and paid leave system, tourism activities became public daily activities, domestic and foreign tourism goes without saying that from large-scale collective travel to individual self-tour, tourism seems to have become "popular sport."However, coming with the growing number of disputes arise,Chinese tourism imperfect legal system has always been in the immature state, affecting the legal authority and impartiality of the judiciary, but gave itself cause a lot of negative impact on the development of tourism.Based on the above problem consciousness, this paper tourism dispute largest proportion of tourism for the study contract disputes, contract disputes of tourism the most important tripartite body- tourists, tour operators and carry out complex legal relationship between the person and the secondary disputes when responsibility and identified, and existing domestic tourism dispute settlement mechanism analysis and evaluation, to make some comments and suggestions for improvement of the system is not mature. Specific mainly consists of the following four parts.First, the tour operators and fulfill the legal relationship between the auxiliary people to define, introduce the traditional civil law debts similarities and differences fulfill Assistant System of Auxiliary personnel and Tourism Law regulations.Second, the people assisted by the fulfillment of the legal nature and status to define a clear breach of contract disputes travel after the travel contract and tort liability of the body and distribution, the distinction between breach of contract and tort easy misjudged in judicial practice legal relations and "travel law" to "travel dispute provisions of" differences, unified recommendations as soon as possible at both the inconsistencies, to avoid unnecessary distress.Third, the proposed conduct mental damages in the travel contract feasibility and related systems is recommended.Fourth, compared to existing domestic tourism dispute resolution mechanisms and modalities, analyzes and discusses the pros and cons, put forward a sound tourism mediation mechanism, set up a special arbitration travel agency, recommended that synchronous mode under established online travel complaints line.