Theory Of Legal Protection For The Rights Of Tourists

With the development of economy and the change of consume concept, after meeting thebasic needs of life, people began to seek a higher level of consumption—tourismconsumption. Because the development of the tourism market in our country has greatpotential, many different kinds of travel agencies were set up in many places, which led to aglut on the tourism market and the competition between the tour operator is very fierce. Inorder to attract tourist resources, some tour operators began to implement a new businessmodel, that is “Zero Negative Membership Fee Model”. On the surface,"zero negativemembership fee" business model takes place between tour operators and tourists "voluntary"market transaction behavior, tourists enjoy the "free lunch", but the tour operator in providingtourism services exist mostly false propaganda tourist information, cajoles or forcing touristsshopping, alter any tour guide case etc.These behaviors seriously violate the legitimate rightsand interests of the tourists.In the face of the travel agency of false advertising and complex tourism business model,when signing the traveling contract, the tourists only look forward to the happiness and nicetyof the travelling,but they ignore the trouble, helpless, and even damage that tourismbrings.This article attempts to follow the evolution process of "zero negative membershipfee" business model from the "natural" to be legal deny, analyzing the gain and loss of the"zero negative membership fee" regulation in "tourism law", putting forward the Suggestionsof perfecting our country’s system of protection of the rights and interests of tourists.This article analyze the legal protection of rights and interests of tourists from threeaspects.The first part discusses the origin of tourists’ rights and interests protection problem.Based on "zero negative membership fee" mode, analysis of the travel agents, tour guide,scenic spot for tourists’ rights and interests of the expression way and tourists in the tourismmarket weak position, put forward the necessity of the protection of the rights and interests oftourists. Emphasis on tourists as a consumer, its position is very special, it is necessary tomake Specifically, such provisions on their rights and interests protectionThe second part analyzes the "zero negative membership fee" mode of legal regulation.This part from the supply of tourists’ rights and interests clear, and the legal regulating of thetour operator behavior, the competent department of tourism function requirements and rights and interests of tourists invaded the provisions of the relief way of analysis, Affirmed the"tourism law" to "zero negative membership fee" the superiority of management regulation,and also points out that because of the changing tourism market, the supply of comprehensivefactors such as constraints, the current law on protection of the rights and interests of touristsspirit, the tourism contract of legal regulation, protection of the rights and interests of theguide is lacking, the tourists’ rights and interests can not get effective protection.The third part discusses the measures for perfecting the legal system of protection of therights and interests of tourists.Firstly,consummate the tourism legal system based on thetourism law.On the basis of "tourism law","consumer rights and interests protects a law","thetravel agents ordinance" and other relevant laws and regulations, the legal norms in therefining industry on the basis of behavior of tourism operators are proposed.Secondly,combining with the experience of legislation of compensation for mental injury on travelersabroad, analyzing the present situation and problems of compensation for mental damage ofour country tourists, discusses the necessity of the institution of compensation for mentalinjury in our country.Finally,transform the function of the government,to protect tourists’rights and interests as the starting point of performance of the functions of the governmentand the home.Coordinate travel related department functions, implement the measures of"tourism law" regulation, through the brigade, in accordance with the law to achieve thepurpose of promoting healthy development of the tourism industry.