On Civil Liability Of Travel Support Services

With the rapid development of the national economy in recent years, the economics ofthe engel coefficient we often mentioned in china has been a declining trend.. United NationsWorld Tourism Organization mentioned in the forecast report has been published:"By2020,China will become the first world tourist destination and the fourth tourist exporting country".People are no longer satisfied merely to solve the problem of food and clothing, but with thecontinuous improvement of living standards people began to pay more attention to thespiritual life of enjoyment, travel has become the people’s choice.However, with the vigorousdevelopment of tourism, it is difficult to avoid in the tourism activities that the tourists willsuffer personal injury and property damage, the so-called travel accidents. A large number oftravel consumers have contracted with tour operators (travel agents) in order to achieve theirpurpose of travel. The situation that the tourists have suffered the personal and propertydamage during the journey will occur, then the situation will result in the disputes happeningbetween travelers and above tour assistant and tour operators. Finally comes the responsibilityof tour assistant.Socialist legal system with Chinese characteristics has been established in China.Throughout our special legislation in tourism, including in2013the implementation of the"Travel Act" and as early as2010it has been implemented related responsibility of tourismauxiliary services "Supreme Court to hear disputes Tourism Issues applicable law." And therelevant provisions referred to in "Tort Liability Act""Contract Law""Consumer ProtectionAct". But to establish and improve a legal system on tourism relying solely on these domesticlaws and regulations related to the travel contract is not enough.Only from "Travel Act""applicable law", it is not difficult to see that the relevant provisions of the tourism supportservices on those responsibilities is on the existence of ambiguity and uncertainty. The "Fulfillaid" and "tourism ancillary services " is not a concept, besides in the study of the theory oftourism industry experts and scholars of the contract and not that much. Among the mostimportant is the real-life tourism ancillary services are not directly as a party travel contract,that the legislation on its responsibility is not perfect. Author references in the essay writing process-related documents and data and from alegal perspective on tourism ancillary service analyzes the civil liability.I write five parts tosummarizes the content and analysisThe first part is of the introduction.It includes brief introduction to topic resource andresearch purpose and significance, Research methods and innovations and introduces theresearch status of tour assistant.The second part is a analysis of tour assistant. It is about the responsibility types and thelegal nature of tour assistant from the typical case. Then make ta simple explanation of ouristworker concept, status and responsibilities of the service type.The third section describes the responsibility of regulation of current situation and thelack of tour assistant. The major is tour operators, tourism subsidiaries, third party liability.Part IV responsibilities of tourism support services was introduced the system oflegislative and judicial status. Defects under this situation exists in our country:Tourismancillary service orientation is not clear enough, not as a travel contract directly the parties,distribution of responsibilities and tour operator when the third person was not clear.Finally through extraterritorial draw auxiliary presented on tourism services liabilitylegislation of a few pieces of advice.I make some advice to solve these problems. Theyinclude that tourism ancillary services based on defects is presented to determine the criteriaand establish his status criteria, the sequence and scope of assuming added responsibilitiesshould be clearly.I want to do a simple screen and analyze of tour assistant and its responsibilities throughthe the five-part. Then I hope I can get more attention by scholars and researchers throughcase studies in this article of the responsibility of tourism support services.Then it canaccelerate the improvement of relevant laws and regulations and better protect the legitimateinterests of the parties tourism and finally lead to promote healthy tourism industry booming.