On The International Tourist Settlement Of The Conflict Of Laws

The international tourism activity directly produce a kind of foreign connected civil legal relationship of the right and liability of the equal subjects-tourists, travel service suppliers, travel organizers from the different states and different legislative territories. The trans-state characteristic of the international tourism induces the adjustment contest of the different related states on the international civil legislative relation, and leads to the conflict of the laws. It is beneficial to the healthy development of the international tourism that the conflict of the international tourism civil laws are resolved properly and reasonably. The inbound and outbound travel are developed quickly in our country, but the related legal construction is slow, the difference of the conflict of the travel laws is neglected. In fact, the facile and open characteristics of the conflict of the travel laws represents the orientation of the modern conflict of laws, and supplies the pragmatic verdict for the new international private law theory.The solution of the conflict of the international travel contracts laws is the main content of the international tourism private law, because the other conflict of the international tourism civil laws will be resolved on the basis of the applied law of the contract made by the related parties. For this aim, it is necessary to analysis the various elements of the international travel contract legislative relation and state the contained interests to help the people to realize their essence and clarify the special points of the international contract. On this basis, the solution path of the conflict of the international travel contract-direct adjustment way and indirect way adjustment -could be searched.The direct way is the way of the conflict of the laws, that is to lead to the applied law through the search the most effective conflict adjustment way based on the characteristic of the international travel contract. On this field, it is necessary to cooperate the depecage theory and the single theory, the subjective theory and the objective theory, follow the most close connected principle and the "contract elementsanalysis" way to research comprehensively, find the most real connected point, and confirm the opposite law. The complex and extending of the international travel contract legislative relation required the adjustment of the facile, open, and bounding conflict of the law, while the mechanical, conserved traditional theory hardly satisfied this needs. To get the realization of the real interest, the various technology of the conflict of the law should be adapted, such as the remit, the softening of the public policy.The direct way is the legislation of the international travel contract unified substantial regulation to clarify the right and liability of the related parties. This is a high level path for the conflict of the international travel contract laws. The legislation of the international travel contract unified substantial regulation requires the high legislation skill and the proper standard on the real development. For this reason, the author contact and analysis the characteristic of Brussel International Travel Contract Convent and The EU 1992 Directive on Package Travel, Package Holidays and Package Tour to illuminate the orientation of the development of the international travel contract unified substantial law.The conclusion is the prospective of the solution of the conflict of the international travel contract law in our country. Since our legislation is blank on this issue, the judge should take the free judge right, borrowing the advanced international theory, to make the decision covering the real interest on the complex of international travel contract contradiction, which will rich and deepen our international tourism legislative practice and supply the verdict for our international private law's legislation.