The Study On Tourism Contract Standard Terms

Now, the research of tourist contract is still relatively weak in domestic law research field, where the tourist contract standard terms is more rare. This is not coordinate with the vigorous development of our country's tourism market and this is not harmony with the orderly sound legal environment. The author believes the most of the tourism disputes can be attributed to the tourist standard contract. So, it is necessary to study the tour contract standard terms.According to our country's contract law and other laws and regulations,the basic principle and theory and combining with china's legal practice and taking example by the tourist contract legislation and judicial practice of the Continental Legal System and Common Law System, this paper will analyze and study in depth the clauses of tourism contract, Meanwhile, I will proposes some suggestions,expecting to provide the support in the theory and practice of perfecting our country's travelling law and promoting the healthy and rapid development of tourism.Removing preface and ending, this paper is composed by four parts:The first part is the conviction of the adhesion clauses of travel contract.this chapter consists of four parts. They are the basic research on the tourism contract, tourism standard contract's feature, problems needing attention in the definition of tourism standard terms and the relationship between the tourism model contract and the tourist contract standard terms. Beginning with the definition of the tourist contract, the author fix to study in narrow angel, just between the tourist and the tourism business person; Secondly, the author analyzes the concept of the tourist contract standard terms and characteristics; then, declaring some points what needs special attention when affirming standard terms: At last, the tourism model contract has become tourism standard contract actually.The second chapter is about the reason of regulating the tourist contract standard terms. The first part analyzes the cause and the foundation of tourism standard contract. Secondly, I discuss the advantages and disadvantages of tourism standard contract, then come to the conclusion:tourism standard contract is the trend of tourism development, we can not prevent its use, we should take steps to use its advantages, eliminate its shortcomings. At last, I discuss the legal basis to standardize the tourism contract form provision.The third part is the comparative research of the tourism contract standard terms in the international main countries and the areas with the hope to offer some experience to our country's legislation.This chapter is divides into three parts:legislation rules,judicial regulation and administrative regulation, the conclusion arrive at finally is that legislation is the most effective method, administrative regulation is the most efficient one, juridical regulation which have the nature of end is the most just.the three method should promote mutually,any can't attach too much importance to one method but neglecting the other two method.The forth part is some suggestions on the tourism contract standard terms.This part is the key point of this paper. This chapter proposes rational suggestion from two angels: perfecting the law and juridical justice. At first, we should improve legislation, change the weak present conditions of our legislation with the hope to regulate the tourism contract fundamentally; next, we should strengthen juridical rule,I analyze the problem the juridical rue have and put forward the solution.In the end, the author draw conclusion that in the current harmonious social environment, tourism contract standard terms can and should play a bigger role.