Travel Contract Legal System

The travel contract is applied widely in the practice, but the law of our country does not have explicitly to stipulate it actually, moreover it always is relatively weak in present domestic research area of law. At the beginning of the unification contract law formulation in our country, the travel contract once has been a typical contract design in the contract law, but because the legal science theory of the travel contract research is not sufficiency and could not provide the powerful theory support for the legislation work, many questions also didn' t obtain the mutual recognition, "The People's Republic of China Contract Law" in March 15, 1999 deleted the travel contract, has created the legal blank. This really go along with the rapid development of our country's travel market. Also after our country joins WTO to be supposed to have the legal system environment with international connects does not adapt. Therefore, our country should strengthen the lawmaking of travel contract and build up the nominate contract system. Only so can the travel consumers' legal interest gain better protection and our travel develop orderly, healthily and stably.This article will study carefully the elementary theory about the travel contract system , and reference various countries and the local mature legislation experience, join to the reality propose some own viewpoints with the constructs of our country travel contract law. Author hopes to clarify to understand of the travel contract through this article, and impels our country travel contract system's development.The full article divides three parts:Part one: The study on the basic theory research of travel contract. This part mainly conducts the research from three aspects: Section one is travel contract concept. This part has first analyzed travel contract concept in various countries' and the local, and made the science limits to our country travel contract concept. It pointed out the travel contract which is refers to the tour operator and tourist signs the travel contract of service to make a profit. Simultaneously has carried on the limits to the travel contract type, It pointed out that the travel contract in this article only refers to organized travel contract . Section two is travel contract legal nature. The article first analyses the character with the travel, then induces the legal characteristics of travel contract: Travel contract is bilateral, promissory and compensated contract; the travel contract's behavior has regular and the association; most travel contract are form contracts; the traveling contract legal relationship has the complication. Section three has research to the travel contract legal nature. About to travel contract legal nature' s arguments are quite a lot, the mainly theories are business contract, the contract of bailment, in middle contract, the service contract , the mix contract and so on. But the author believes that the travel contract is one kind of type union mix contract, according to the nature to the travel must determine with each item specifically separately.Part two: The research of travel contract in other countries.This part studied the travel contract legislation pattern and the legislation content in other countries or the areas. It has "Brussels Travel Contract International Joint pledge" ; German civil law and the service the related travel contract content; The Japanese standard travel industry contract main content and Taiwan area "the civil law" of the the travel contract . The author hopes to have some experiences with the travel contract function in our country through other national legislations.Part three: Travel contract law system constructing in our country.At first, this part proposed that the establish of the travel contract system in our country is extremely essential, and summarized the experience and the insufficiency which obtains in the travel contract legislation exploration, then proposed about the establishes of travel contract law system conception in our country. It mainly carries from three aspects to study and put forward to the legislation proposal: The first one is travel contract fulfills, mainly research and exploration the travel contract establishment, the change, transfers and relieves. The second is the contract litigant's right duty, author elaborated the participation person which involves to the travel contract carefully, it limited to the travel business person and the traveler, but did not fulfill the travel contract assistant. The travel business person not only included the travel agency, but also included the profit the natural person and the legal person which provided the travel for the goal. Then the author separately elaborated the travel business person and the traveler's right and duty. The third is the spirit of damage compensated of violating the travel contract. Through the study and practice of the spirit damage compensated in our country, and the elementary theory of the travel contract spirit damage compensate, therefore we should break through the law to the spirit damage compensate limit and take to the travel contract in tourist's energetic benefit protection, establishes the spirit of damage compensated of violating the travel contract.