Civil Protection Of Consumer Rights And Interests Tourism Studies

Tourism become one of the fastest growing industry in our country, the rich people’s spiritual and cultural life in our country at the same time, also promote the economic development of China.In China in2013made the "national tourism and leisure programs", put forward until2020, when the worker system of annual vacation with pay will basically be implemented, tourism and leisure consumption level to increase "significantly" urban and rural residents, and health, civilization, environmental protection concept of tourism and leisure will become the consensus of the whole society, the national tourism leisure quality will be improved significantly, and the well-off society that meet the needs of the modern national tourism leisure system will be finished.The outline of the release, will the booming tourism industry in our country at the same time add a booster.Compared with the thriving tourism industry development situation, our country tourism consumers’ rights and interests protection legislation work slightly lagging behind.Tourism consumer rights infringement phenomenon occurs frequently in the process of travel, because tourism consumers’ rights and interests of the civil law protection legislation is not perfect, lead to travel consumers lack certain legal basis in terms of rights.This article mainly from the perspective of civil law to the tourism consumers’ rights and interests protection for a deeper analysis of existing problems, and puts forward some corresponding countermeasures and Suggestions.This article mainly from the following several aspects discusses the issue of tourism consumer rights and interests of the civil law protection:The introduction part expounds and summarizes the paper selected topic background and significance, research status at home and abroad, research methods and innovation. Can only be in the selected topic to clear these problems, research and writing, target-oriented. This text is mainly made up of four parts.First chapter first introduces the concept of tourism consumption and tourism consumers’ rights and interests, the characteristics of the tourism consumption and the features of tourism consumers’ rights and interests, and then introduces the main content of tourism consumers’ rights and interests, and finally expounds the tourism consumers’ rights and interests protection legal basis of the civil law and so on, provide theoretical support for tourism consumer rights and interests of the civil law protection.The second chapter introduces the Civil Protection of the legislative. status quo of China’s tourism interests of consumers, including the the visiting consumers Civil Protection of the relevant laws, regulations and judicial interpretations.At the same time summarized some countries the advanced experience of tourism consumers’ rights and interests protection legislation, perfect the laws and regulations in this aspect in Chinese provides a reference direction.The third chapter is one of the important sections of this article. Through induction and analysis the author collected a large number of cases in real life are main problems of tourism consumer rights and interests of the civil law protection, at the same time, the brief analysis of the causes of these problems. These problems mainly include insufficient tourism consumer rights protection, tourism, it is necessary to reform the contract any tourist contract rescission in the "actual fees" has not yet and the scope of this part of cost calculation in practice, travel service quality guarantee system is not reasonable place, travel agency liability insurance system is not reasonable, etc. In addition this chapter from the tourist industry development, tourism consumers and operators of Angle analysis of the necessity of strengthening tourism consumer rights and the civil law protection.The fourth chapter is the most important chapters in this paper. This chapter in the third chapter points out the main problems of tourism consumer rights and interests of the civil law protection, from the perspective of civil law legislation put forward detail corresponding perfecting suggestion. In particular:in the consumers’ rights and interests protection act puts forward Suggestions for punitive damages provisions, make tourism operators in tort have scruples; In the specific provisions of "contract law" implementation famous tourist contract, clear the main body of tourism contract, content, responsibility, etc., reasonable legal regulation for travel format contract; To the supreme people’s court about travel disputes provisions of applicable law issues recommendations to article12, solve "actual fees" has not yet been range of problems, make the tourism contract arbitrarily termination right can get better use in practice; Recommendations for the supreme people’s court about travel disputes provisions of applicable law issues to carry on the consummation to article21, of tourism consumers in tour operators default definitely put forward the mental damage compensation request; To guarantee the quality of travel agency and travel agency liability insure system perfect suggestion, eliminate worries about the travel consumers, allow them to devote into the joy of the trip.