The Study On Civil Liability And Solution Mechanism For Tourism Disputes In China

How to handle all kinds of conflicts occurring in the development of tourism is an important problem related to the stable development of the industry. Especially the frequent conflicts and disputes between the two important subjects in Tourism Law, tourists and tour operators, greatly adversely impact the development of tourism, and is an obstacle for the Chinese tourism to be more internationalized, of which the most reasons are how to bear civil responsibilities. Civil responsibilities, civil rights and civil obligations jointly form civil legal relations, and civil responsibilities are legal guarantees to realize rights and obligations. By now, we have not found out a complete set of legal solution systems about civil responsibilities to settle tourism disputes. In China, some administrative regulations, local statutes and judicial interpretations are helpful in many tourism practices, but their ranks in legal system are low, and they are lack of coordination and uniformity, and limited naturally, regionally and industrially, and then caused many problems. Hereby this paper gives some discussion about the civil responsibilities in tourism disputes, collects and analyzes some cases, and elaborates the rules for civil responsibilities confirmation and liability identification. Especially this paper raises some innovative concepts including the establishment of ADR mechanism in tourism to settle disputes, and makes some affordable studies in tourism law science, which is a small and boundary field in law science.