China Travel Contract Legislation Thinking

Along with our country economy unceasing development and the lives of the people level enhancement, the tourism also obtained the rapid development, the traveling also by individual accidental behavior transformation is a social organization behavior, the people meet the spiritual life needs after the home or the study abroad traveling. The traveling contract becomes the standard litigant rights and obligations, safeguards the tourist legitimate rights and interests practically the important basis. However, the standard traveling contract legal regime is at present imperfect, legislates bogs down; Theoretically to the traveling contract theory preparation insufficiency, not yet provides the powerful theory support for legislation, some most basic question, such as the traveling contract concept, the nature not yet reach the consensus in the theorists and the legislation department; The litigant often violates the traveling contract rights and obligations in the contract fulfillment process to cause to have the dispute, suffers injury in a big way is the small and weak traveling consumer, its legitimate rights and interests cannot obtain the safeguard; In because the judicature is unable to traveling dispute processing to be possible to depend on often appears some deviations. Therefore, our country urgently needs the traveling legislation, comes the standard traveling profession, develops our country traveling industry, the participation international competition, causes our country traveling industry and the international tourism trail connection. Therefore under this kind of background, refers to foreign and our country Taiwan area code civil traveling contract legislation success experience, formulates and consummates our country's traveling contract legislation urgently already. The article from the analysis traveling contract concept and nature obtaining, and introduced the problem which the domestic and foreign traveling legislation situation, analyzed which in the traveling contract to have had in the legal matter and the reality exists, for solved the question need, advocated our country realized the traveling contract as soon as possible through the legislation famously, by time to our country's traveling legislation own meager strength. First chapter introduction. Through department concerned's some statistics, pointed out the swift and violent development the traveling industry and our country traveling legislation the proportionality, it very many disputes cannot be solved, for the reasonable solution traveling contract dispute, protects the tourist legitimate rights and interests, impels our country traveling industry to continue the healthy development, our country traveling industry and the international tourism trail connection, our country needs to travel the contract legislation, this is precisely a goal which this article studies. Second chapter traveling contract outline. Through overseas traveling law to traveling contract concept different qualitative and domestic scholar to traveling contract concept different opinion as well as basis traveling contract characteristic, summarized the author to the traveling contract concept opinion. The reasonable limits traveling contract concept, will travel to our country the contract legislation to have in the future the vital significance. And, based on the narrow sense traveling contract concept, to the traveling contract legal relationship main body, the object and the content has made the introduction. Third chapter domestic and foreign traveling legislation present situation. Briefed the traveling legislation quite perfect several main country traveling contract legislation present situation and our country Taiwan area code civil debt of legislation traveling. Because our country traveling contract law standard is at the vacancy condition, has enumerated when of the solution traveling contract dispute is suitable present correlation law, laws and regulations, and will carry on the comparison with the overseas traveling legislation, our country is standard in the future necessity of the traveling contract, for the construction perfect traveling legal system system model overseas traveling contract legislation. In the fourth chapter traveling contract legislation process exists question. Based on the traveling contract nature, in the traveling contract content, the responsibility undertake on have in very many laws, the theoretically question, but practices each kind of traveling contract dispute to need these theories the support, this also is precisely our country traveling contract legislation need. Fifth chapter consummates our country traveling contract the legislation ponder. Suggestion traveling contract famous, is road of our country traveling contract legislation, and the standard consummates our country traveling contract proposes the author opinion.