Tourism Consumers’ Rights And Interests Protection System Research

Tourism in our country is increasingly developed into a new industry, but because at present our country is still in the development of tourism market, tourism legal system still has many deficiencies, lead to tourism consumers’ legal rights and interests are harmed during the process of tourism consumption phenomenon emerge in endlessly, tourism dispute also increases increasingly, make the tourism consumers’ legal rights and interests can not get effective guarantee. Therefore, the author chose the subject for research, trying to on the basis of theoretical analysis, by introducing the analysis at present our country correlation legislation, the existing problems, and draw lessons from foreign advanced legislative experience about tourism consumers’ rights and interests protection, to perfect our country about tourism consumers’ rights and interests protection, some Suggestions are put forward. The author thinks that, to the analysis, this paper discusses the topic selection, not only to perfect our country tourism consumers’ rights and interests protection law is of important theoretical value; But in practice promotes the development of Chinese tourism market, tourism consumers as an important subject of tourism, law of relationship, to maintain the normal order of the tourism market in China, and promote the development of the tourism industry in China has important application value.In this paper, on the premise of the analysis of current tourism consumers’ rights and interests protection in our country, in-depth analysis and study the overseas advanced legislation experience, to perfect our country tourism consumers’ rights and interests protection law puts forward some Suggestions, tourism consumers’ rights and interests protection of our country to render legal building dedication.Remove the introduction part, the paper discusses respectively the will from the following four parts:The first part is the definition of tourism consumers’ rights and interests and content. First briefly elaborated the related concepts, then introduces the basic content. Tourism consumers is to point to in order to meet the needs of physical and mental, to watch the play, leisure, such as way to travel and receiving services in order to meet the purpose of tourism activities of natural person. Consumer rights and interests is to point to in the process of tourism and tourism to accept service or the purchase, use tourist commodities in accordance with the law has a positive or negative is not as of right, also including a requirement that tour operators and other relative subject, negative or positive actions as not to bring its deserved interests. Tourism consumers shall enjoy the right of autonomous choice, aware of the truth, in accordance with the general rights, and based on human rights have been illegal violation as well as the travel contract and the creditor’s right.The second part is the analysis of the legislative status quo of tourism consumers’ rights and interests protection. According to the tourism basic law, administrative regulations and local laws and regulations, the relevant provisions of the relevant legislation in our country were summarized, the status quo, and on the basis of analyzing the China’s tourism basic law, administrative regulations and local regulations, the problems existing in this aspect.The third part briefly analyzed the foreign tourism consumers’ rights and interests protection legislation. The comparative analysis of some foreign countries and international treaties in this aspect of the advanced legal system and practical experience, and according to the actual situation of our country can provide some reference. Abroad about tourism consumers mental damage compensation system and the quality margin system especially the perfect, is worthy of reference for our country to study.The last part is to perfect our country tourism consumers’ rights and interests protection system, puts forward some Suggestions. Is also the most important part of this article, according to the above theoretical analysis, our country’s legislation situation and defects as well as the overseas advanced legislation experience, to perfect our country puts forward some Suggestions about travel consumer rights and interests. Such as the book of songs: mountain, can offend jade. Reasonable tourism legislation in developed countries for reference in the aspect of tourism consumers’ rights and interests protection legislation experience, combined with the actual situation of our country, found that the deficiency of legislation in our country, and to improve to promote our country’s research on tourism consumers’ rights and interests protection and the legislative process, is undoubtedly a wise choice. This part from the substantive law of perfecting our country’s tourism consumers’ rights and interests protection specification and on the procedural law two aspects to discuss.