A Research On The Tourist Contract And Its Regulation

With the rapid economic development of our country, people’s living standard rises ceaselessly, tourism becomes the main way of leisure entertainment.The number of tourists is also rising year by year, it comes out more and more tourist contract disputes. Legal application in tourist dispute cases is one of hot and difficult problems in judicial practice. And compared with the trend of the development of tourism industry, tourist legislation relatively lags behind."Contract law" has no regulations about tourist contract, and the judicial practices also don’t judge unified. The supreme people’s court on October2010released judicial interpretation about tourism disputes, the judicial interpretation give many clear rules about tourist contract. The author thinks that the promulgation of the judicial interpretation for tourism contract provides a new basis of the research. On the occasion of the promulgation of the judicial interpretation, we should study tourist contract further in order to solve the increased tourist contract disputes.This thesis mainly discusses the domestic and foreign tourist contract legislation practice and the existing problems in our country through the comparative research and empirical research method. The writer puts forward its own regulation suggestion to tourist contract.This thesis divides four chapters altogether except foreword and postscript.Chapter1introduces some basic issues on tourist contract and divides into three parts. The first part is about the conception of tourist contract. Firstly, through introducing and analyzing a variety of views on theory and legislation, the writer holds that travel contract is a kind of contract that travel organizers to provide overall travel services to tourists, tourists pay the travel expenses. The second part is about the legal features of tourist contract. The third part is about the legal nature of tourist contract. On the basis of analyzing all kinds of theories, the writer considers tourist contract is a kind of mixed contract, and it should become a new kind of contract because of its specificity.Chapter2is about the legislation comparison of tourist contract, it produces three mature laws which relate to tourist contract in the world, the International Convention on the tourist contract, the1979German Civil Code and the Japanese standards on tourist contract. The writer attempts to find some valuable places about tourist contract for our country.Chapter3puts forward a legal proposal for tourist model contract, divides into two parts. It takes Zhejiang tourist model contract as an example, through empirical analysis, proposes some improvement suggestions to the current contract text.Chapter4is the situation and perfection of tourist contract regulation, and divides into two parts. It mainly discusses the present situation of tourist contract regulation and the thinking of the perfection of tourist contract.Tourist contract is essential for the healthy development of tourism industry, so it needs to do more and more in-depth study, and typify tourist contract. This thesis makes some tentative study and discussion on regulation of tourist contract, in order to construct and improve our country’s tourist contract legislation.