Travel Contract Law Issues

In sharp contrast with the growing of China's tourism industry,tourism contract is a nameless contract. In China there is no speciallegislation on tourism contract. On one hand, the travel dispute isresolved in accordance with the general principles of contract law andthe rules by the tourism administrative departments in practice. Thisoften brings great difficulties with the trial practice; on the other hand,academic studies on the tourism contract are rather poor. For tourismproduct is invisible and comprehensive, legal issues in the tourismcontract are very complex, which are different from other typicalcontracts. Therefore the study and discussion on the travel contract isnecessary and benefit for the development of tourism and resolution ofthe dispute. This dissertation aims at making some shallow discussionson several typical issues about the tourism contract.This dissertation is divided into four parts, about 30000 words:The first part introduces some basic issues on tourism contract: Firstly,analyzing the concept and the legal character of tourism contract; Secondly,focusing on the legal nature of the contract; At last, analyzing the essentialand effective elements of tourism contract, and confirming both parties'rights and duties, which is favorable for tourist right protection and tourismgood development.The second part refers to the formal tourism contract and regulationissues. By the analysis of the concepts and features of the formal contract,from the general to the particular, the reasons for shaping the formaltourism contract are explored. The formal travel contract has so manydefects in protection of consumers that we should strengthen regulations.The third part refers to the spiritual damage compensate system ofbreach of tourism contract. As theorists have warm arguments about that,this dissertation keeps the focus on this part. Tourists' desire to receive theenjoyments and interests of the tourism is the biggest characteristic of thetourism contract. Therefore the spiritual damage compensate system should be established. Certainly when travel agency breaks the contract seriously,tourist has the right to require the spirit damage compensate and it isnecessary to limit the scope of this request strictly.The fourth part refers to the item of nominate contract and theestablishment for tourism contract system. The tourism industry is not onlyone of the largest industries in the world today, but also the fastest growingindustries. With the entrance into WTO, tourism contract should benominated as one of China's typical contracts as soon as possible. Chinashould establish a complete legal system in line with internationalrequirements and higher legal environment.