Analysis Of Travel And Real Estate Legal Issues

Tourism real estate is the combination of real estate and tourism. It is a kind of development model which mainly depends on tourism resources and extends out to cater for the travel & vacation. The houses are mainly used for the vacation, the recreation and the provision for the aged.Tourism real estate originated from France in the 1960s and developed rapidly in U.S.A. It is not until the 1990s that the concept of tourism real estate was introduced into China. Now tourist industry and realty business have been new national economic growth points. As an intersectional industry of tourist industry and realty business, it is of great significance to develop the tourism real estate to promote the positive interaction of two industries.But there are a lot of problems during the development of tourism real estate. Some development and construction has side effect on the tourism and ecological environment. So the study of the development of the tourism real estate has certain theoretical value and realistic meanings. We ought to have the right recognition about its role in the economy development. We should deeply analyze the questions of law and probe the scientific regulation approaches, promoting the coordinated and balanced development of real estate, tourism and ecological environment.This paper probes and analyses the legal issues arising in the China's development of tourism real estate from three aspects. And I devote my efforts to set out some rules to regulate the development of the tourism real estate.Part I introduces the theories related to the tourism real estate in general outline, defining the tourism real estate. Then I analyze the characters of the tourism real estate, its development model and current situation. I know the limitations and experience through the analysis on the development of the tourism real estate in U.SA, Europe and Asia. Finally I draw out a case about the development of the tourism real estate in Wulingyuan, preparing for the legal analysis in the coming accounts.Part II is to analyze the legal issues in the development of China's tourism real estate. Till now there are no special laws and regulations to regulate the tourism real estate while current laws have no enough efficacy and the laws are in contradiction with each other. Also law enforcement is not strict. Some law enforcers and builders have weak legal consciousness. At the same time unclear property right, chaotic management system, unclear cross-sectoral enforcement authority need to be resolved emergently.Part III, the last one, is to resolve the legal problems in the development of tourism real estate, constituting Ordinance about Regulating the Relevant Problem Tourism Real Estate to regulate a series of actions in the development of tourism real estate. And I try to seek the solutions from development, management and protection, such as the establishment of special management agencies, clearing the property rights, the establishment of environmental impact assessment, public participation, ecological compensation mechanisms. And we should learn from foreign countries. China also set up a development mode of timeshare in order to promote our tourism real estate to develop rapidly, coordinatedly and orderly.