Legal Protection Of Tourists' Interests

At present,China's tourism industry has become a new economic growth point.With the rapid development of tourism industry,tourism has gradually become a new consumption point of people.Tourism consumer protection issue has increasingly become the focus of people's concern.The thesis conducts a comprehensive analysis on tourism consumer rights protection.The introduction part gives a brief of the background and research significance.ChapterⅠbriefly outlines consumer rights protection and tourism-related issues,including the concept and characteristics of tourism consumption,the relationship between consumers and tourism consumers and the uniqueness of tourism consumer protection,pointing out the tourism consumer rights protection is a special issue.ChapterⅠalso makes an analysis of the serious infringement on current Chinese tourism consumers and the weak position of tourism consumers through case study.ChapterⅡgives an outline of the legitimate rights and interests protection system of tourism consumers.First,it introduces our country's existing tourist consumers' protection system and organizations.Then it analyses the main problems and reasons.It also outlines China's existing tourism consumer protection laws and regulations and the international practice.Through comparison to the developed countries' tourism legislation,we find the demand for China's Tourism Basic Law.ChapterⅢmakes a detailed analysis of the tourist consumer contract format.The main problems are raised from the set,procedures, interpretation,and other aspects of the format contract regulations.Also the judge of the effectiveness of the format is another aspect to regulate the terms of the contract.ChapterⅣpoints out the obligations and liabilities of package tour operators.It focuses on the analysis of package tour contractor's defect warranty liability,liability for breach of contract,liability for tort and competition between liability for breach of contract and liability for tort.ChapterⅤdiscusses the spiritual damage compensation system, pointed out the breakthrough on non-property damages compensation in violation of the tourism contract.It proposes that in the future legislation of tourism,the right to request spiritual damages compensation should be enshrined in the legal scope.And the applicable requirements,the amount of compensation should be proper and reasonable.The final part sums up by suggestions on improving the legal protection of tourism consumer rights,as recommended by the WTO on tourism consumer protection requirements.It emphasizes the strong coordination of legislation,law enforcement and judicial parts to protect interests of tourism consumers.