Some Problems On "Tourism Law (Draft)"

As we all know, the new China was founded until nearly three decadesbefore the reform and opening up, China’s tourism and legal system isbasically a blank. Just from the Third Plenary Session of the Eleventh CentralCommittee of the party’s future, China travel legal construction work was onlygradually put on the national legislation on the agenda. Can be said that withthe various departments in China have formulated law, especially with China’ssocialist legal system basically completed in2010, China travel are fromtourism country to country under the rule of law.August2012,"Tourism Law of the People’s Republic of China (draft)" tothe public for advice, is to improve the new legal system of China’s tourismmilestone."Tourism Law (Draft)" after the introduction of China’s tourismindustry will deepen the rule of law, improve the overall management of thetourism industry, has far-reaching significance in China’s tourism and theconstruction of the rule of law. Tourism Law (Draft)"After30years, after a longprocess of finally entered a critical stage, which is closely related with the rapiddevelopment of China’s tourism industry, the tourism industry practice in China,summed up and the result of joint efforts. Although the Tourism Law (Draft)"also exist such as insufficient, but believe that through the efforts of thevarious aspects of the legislative levels will" travel "to a higher level.In this paper, empirical analysis, comparative analysis method,information on foreign tourism legislation and the development status ofChina’s tourism industry, analysis of China’s reform and opening up, the basiccharacteristics of the tourism industry and its development direction andanalysis of its problems, to solve Tourism appear various issues and improvethe tourism system of relevant laws and regulations, the regulatory system tomake relevant recommendations.Based on the above concept, the main part of this article is divided intofour chapters:Chapter1analyzes the legislative status quo and abroad of China’stourism industry Tourism Legislation mode.Chapter2analysis from the travel contract, the parties should bear thelegal responsibility. Chapter3analysis of travel disputes the reasons and legalcountermeasures.Chapter4little doubt not involved in China’s tourism legislation on theprotection of tourism resources and tourism resources system put forwardlegislative proposals.