Study On The Legal Issues Of The Travel Contract

In recent years, along with the rapid development of tourism, it adds unlimited colors for the public life, and becoming one of the common contract in our daily life, while behind it will also bring a number of different disputes with rapid development. Therefore, how to regulate today’s tourism market, tourism contracting parties to ensure that the legitimate interests of the parties are protected, to protect China’s tourism industry developing towards more healthy has become an urgent issue of concern. In April25,2013, after three deliberations, China published the first "China Tourism Law", in which a special chapter (57to75)19provisions of the "travel service contract." However, only this law far unable to meet the increasingly rapid development of China’s tourism market, therefore, to conduct in-depth study on the travel contract has an important and remarkable theoretical and practical significance.The first chapter is a travel contract-related legal theory, is divided into three. The first section defines the concept of the travel contract, first through the introduction of legislation on a variety of theories and ideas that will make the travel contract narrow sense of the concept that the travel contract refers only to tourists and travel agency. Section Ⅱ is a travel contract characteristics, analyzes the travel contract a comprehensive, subject specific and contract format of four characteristics. Section Ⅲ is the legal property of the travel contract, their assessment on the basis of various theories, will be defined as the special contract.The second chapters of the travel contract legal problems exist in practice and analysis is divided into six. Through case studies, respectively, from the travel contract conclusion, performance, modification, rescission and breach of contract damages aspects illustrate the practice of the travel contract legal problems and to analyze.The third chapter is the provision of the legislation of foreign tourism contract is divided into six. Introduced the United States, Britain, Germany, Japan and Taiwan, China’s different travel contract legislation, judicial practices throughout and the relevant international conventions, through comparative analysis, in order to provide more comprehensive legislation reference.The fourth chapter is the status of China’s tourism contract legislation and recommendations, is divided into three. Section I is the current situation of China’s tourism contract legislation. Section II of Tourism Contract Legislation problems, mainly analyzes the problem of unclear concepts, types, identified problems, legal problems on the allocation of responsibilities and rights of tourists. Section III is to improve China’s tourism contract legislative proposals, from the improvement of the legislative content to enhance awareness of the law made specific recommendations.