Analysis Of Legal Issues Related To The Travel Contract

With the rapid development of tourism in China, various disputes arising from or relating to tour contract are also increasing gradually. However, in comparison with the status of the3rd biggest tour country, tourism law has not yet developed as expected. Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Cases about Tour Disputes which issued by the Supreme People’s Court Judicial Committee is the most authoritative judicial interpretation currently. In addition, Regulation on tour Agencies, Compensation Standard on Service Quality of tour Agencies and so on, are relatively comprehensive stipulations regarding tourism in China now. In conclusion, there is no special stipulation regarding tourism in China currently. In judicial practice, disputes about tour contracts are always handled in pursuant to current stipulations of General Rule of Civil Law of The People’s Republic of China and Contract Law of The People’s Republic of China without any universal standard. Obviously, the development of legislation on tourism is far slower than that of tourism itself, therefore more attention shall be paid to relevant matters on tour contracts. The Paper through introduction of the legislation and practice situations of USA, England, Germany, Japanese and Taiwan region, in combination of the situation of relevant theory, legislation and judicial practice in China, makes discussion in the following matters mainly including definition, feature, nature and legal responsibility of tour contract as well as spiritual damage compensation of contract.The Paper includes three parts as follows except introduction and conclusion:The first chapter is tour contract overview including three sections. The first section is about definition of tour and tour contract, through introduction of definition of tour and tour contract in other countries and regions; the second section is about feature of tour contract, and the discussion is made in two aspects of general contract feature and special contract feature of tour contract; the third section is about nature of tour contract, through discussion of five different theories including entrustment contract, processing contract, trading trust contract, brokerage contract and combination contract etc.The second chapter is about legal liability of tour contract, including three sections. The first section is about contracting fault liability, including conditions precedent, situations and compensation scope of contracting fault liability; the second section is about tout liability of tour contract including tour business operator, tour assistant and the third party based on discussion of judicial practice; the third section is about liability of breach of tour, as a key part of the second chapter, emphasizing on nature, constitutive requirement, exemptions of breach liability and different ways to bear the liability, as well as the difference between breach liability and contracting fault of tour contact.The third chapter is about non-property damage compensation for breach liability of tour contract, including three sections. The first section is about liability for breach of tour contract property damages the feasibility and necessity. The second section is about damage compensation for time wasting of tour contract, including identification and compensation standard of time wasting through introduction of legislation and practice in China and abroad. The third section is about spiritual damage compensation for breach liability of tour contract, setting forth the feasibility, necessity and matter required to be noticed regarding tour contract through comparing legislations and judicial practices on the issue in different countries and regions.Considering the specificity of tout contract, relevant issues in this regard are difficult to be delt with in reference with the theory about contract in current China, therefore the legislation on tour contract shall be imperative and necessary. In this Paper, the author makes some trial discussion on the above said issues and expresses personal views in purpose to make due contribution for the construction of legal system of tour contract.