Study On Protection Of Tourism Law Over Tourist Rights

China’s tourism industry has developed rapidly in recent years, it upgrades from a new economic growth point to the pillar industry of domestic economy, and China also changes from a big tourism resources country into a great tourism power worldwide. The national economy has been promoted by the development of tourism industry, whereas the behavior of some tourism entities in the current domestic tourism market are not regulated or standardized, and the tourism market is in disorder severely; such problems as tourist safety, false advertising, vicious competition, zero and negative tour expense, forced consumption and denial of tourists still exist despite repeated prohibition. The promulgation and implementation of the Tourism Law meet the urgent needs of protection over tourist’s rights and also the lawful rights and interests of the tourism market operators, with implementation of Tourism Law in last year, the harmful behaviors in the tourism market against tourist’s rights are effectively constrained. In this paper, the key provisions on the rights of tourists in the Tourism Law are being interpreted in detail with reference to case analysis. With summarization of legal rules on travelers’ rights and obligations in foreign countries and analysis of specific circumstances in each country, this paper extracts contents and methods which are beneficial to the development of tourism in China.The promulgation and implementation of Tourism Law is a milestone in the tourism history of China; Various factors need to be considered in promulgation of the Tourism Law and implementation of the Tourism Law also tests various abilities of all concerned parties; to develop a good law is difficult, but it is more difficult to put the good law into enforcement and implementation. The implementation of Tourism Law has immediate effect on some prominent problems at the very beginning, but observation and statistic analysis shows some problems are not being solved thoroughly, some problems appear in a new form, and infringement of the rights of tourists still occurs from time to time. Analysis shows that the reason for this phenomenon is that the Tourism Law is not completely and fully enforced and thetourism practitioners fail to understand fully and grasp the spirit of Tourism Law, the administrative department’s way of supervision, management over tourism industry remains unchanged and tourists are lacking of awareness and knowledge of protecting their rights. To better protect the rights of tourists, the Tourism Law shall be implemented through wide publicity and education, the tourist enterprises and practitioners shall regulate their own behavior, administrative management departments shall perform strictly their duty of supervision and management, and the tourists shall apply variety of ways to protect their reasonable rights.