On The Legal Regulation Of The Improper Competition In Tourism Market

For thirty years of Reform and Open to outside world, Chinese tourism market developed rapidly, the improper competition behaviors of tourism market were also more and more seriously. It including the tourism commission behavior, the tourism false advertising behavior and the behavior of infringement tourism commercial secrets and so on, and have become the obstacle of the Chinese tourism market development. It damaged the legitimate rights and interests of the tourism consumers and the tourism businessmen seriously, undermined the competition order of the tourism market and the development of the tourism market. So our country should provide some good regulation countermeasures from the legislation, enforcement, judicial and social supervision, to govern the improper competition behaviors of tourism market.The paper takes"On the Legal Regulation of the Improper Competition in Tourism Market"as a theme, and attempts to do some research on the regulation of the unfair competition behaviors of tourism market, hoping the research can benefit the legislation of the unfair competition behaviors of tourism market in China.Firstly, the paper analyzes the basic theory, connotation and legal characteristics of the unfair competition behaviors of tourism market. It expounds the current situation of the unfair competition behaviors of tourism market, through the analysis of the phenomenon of the tourism commission behavior, the tourism false advertising behavior, the behavior of infringement tourism commercial secrets and others.Secondly, the paper researches respectively the legal regulation of tourism commission behavior, tourism false advertising behavior and the behavior of infringement tourism commercial secrets:It researches the legal regulation of tourism commission behavior. It analyzes the basic theory, definition, legal characteristics and properties of tourism commission behavior, and identifies the legitimacy and the illegitimacy of tourism commission behavior. It summaries the legislative experiences of foreign regulation measures, analyzes the shortcomings of China, and puts forward the legal countermeasures from clearing the legal definition, improving legal responsibilities and other aspects of tourism commission behavior.It researches the legal regulation of tourism false advertising behavior. It compares the same points and different points of tourism false advertising behavior and false advertising behavior, and digs out the specialties of tourism false advertising behavior. Drawing lessons from the foreign legislative experiences, it analyzes the defects of China's and puts forward legal regulation suggestion of tourism false advertising behavior.It paper researches the legal regulation of the behavior of infringement tourism commercial secrets. By defining the business secret in the"Anti-Unfair Competition Law", it sums up the specific performances of the tourism business secret, and identifies the types of the behavior of infringement tourism commercial secrets. On the basic of taking examples by foreign legislative experiences and analyzing the shortcomings of China's, puts forward legal regulation suggestion of the behavior of infringement tourism commercial secrets.Lastly, the paper says should formulate"Tourism Market Basic Law of PRC"as soon as possible, fulfilling the legal regulation of the improper competition behaviors.