Study On Legal Issues Of China’s Travel Contract

For a long time, there is a dispute of the concept and properties of the Travel Contract in our country, until September of2012, the28th meeting of the11th NPC Standing Committee first considered "Tourist Service Contract" in the "tourism law of the people’s Republic of China (Draft)" and asking for amendments from the whole society. At this point, we find that Travel Contract is named as "Tourist Service Contract",which means we took a key step on the road of making Travel Contract specialized. Actually,whether this draft need more significant change and whether this Tourism Law would be promulgated in the near future is uncertain. Can only say that the emergence of the concept of "Tourist Service Contract" is our progress and unity theories about Travel Contract legislation. The main content of this article is divided into five parts, this paper summarizes the successful experiences of abroad after a brief study of Travel Contract and on this basis give some suggestions on how to perfect the Travel Contract legislation.The first part of this article is about the choice of model in our Travel Contract legislation field. Foreign legislative model is discussed first, then focuses on "the tourism law (draft)"and the still existing problems are discussed in this paper, at the same time according to the above discussion, proposed consummates on our country’s Travel Contract legislation briefly.The second part and third part of this article are the rights and obligations of the parties to Travel Contract, the nature of the Travel Contract. The second part make a detailed discussion on the rights and obligations of tourists, tourism operators and other auxiliary services. In the process, also introduces foreign legislation which make the content of this part more full. The third part mainly discusses the concept and legal nature of Travel Contract, discussing on some controversial in academic field, such as one of the contract parties are only refers to the tour operator or it also includes other qualified tourism organizers; in every aspect of the doctrine of contrast and comparison studies of foreign legislation discuss about for the natural of Travel Contract.The fourth part and fifth part of this article are about time-waste compensation system and mental damnification compensation system. These two systems are very important to protect the rights of tourists,these two big content is still big problems on the road of Travel Contract legislation at present. It is involved in a lot of foreign legislative cases, but what a pity it that there is no relevant specific provisions about these two systems in our country, here the author put forward some suggestions. The fourth part is about time-waste compensation system,this system is based on the special importance of Time; then study foreign laws to introduce why and how to use the system in our country; finally put forward some suggestions. The fifth part is discuss the legislative status quo of mental damnification compensation system of tourists, on this basis puts forward related suggestions.