The Study Of China’s Tourism Consumers’ Rights And Interests Protection Law Issue

Starting in the 1980 s, with the reform and opening in our country, economic development has attracted worldwide attention, the continuous improvement of people’s material life, people’s spiritual life quality requirements also more and more big, in this condition, the tourism also along with the vigorous development of reform and opening-up, today, China’s tourism industry has become a new economic growth point, but serious tourism consumers’ rights and interests protection problems also followed, and has attracted extensive attention from all walks of life. Travel consumers as one of the three major elements of tourism activities, tourism is the economic source of revenue, plays a vital role in the tourism activities. The protection of the tourism consumers’ legal rights and interests if not complete, will make people’s enthusiasm, to travel, to casting a shadow over the future of tourism development. Our country law about the protection of tourism consumers’ rights and interests are mainly "consumer rights and interests of the People’s Republic of China protects a law" and "tourism law of the People’s Republic of China". But these two legal protection of tourism consumers’ rights and interests is not comprehensive, the consumers’ rights and interests of the People’s Republic of China protects a law "the protection of the object is for all consumers, including tourism consumers, the specific rights of a category of consumer protection can’t be all included. Though the proposals of the People’s Republic of China " has been promulgated and implemented, but its tourism industry as a whole is specification, rights protection is only a part of its content to the tourists. With this situation, we should be based on the law of the two has formally comes into effect, combined with the particularity of tourism consumption and tourism consumers to analyze the special requirements of its rights and interests protection.In this paper, in order to solve the embarrassing situation, to better protect the legitimate rights and interests of tourism consumers, we are going to on the basis of tourism consumption, tourism consumers’ rights and interests and the characteristic of the tourism products, tourism of reference and draw lessons from foreign developed countries in specific provisions in the field of tourism legislation, proposals and tourism consumers’ rights and interests protection for further academic research and analysis, and put forward the feasibility Suggestions. First of all, in the legislative level(mainly from two aspects of substantive law and procedural law) improve the tourism consumers’ rights and interests protection; Second, strengthen law enforcement to tort: again, industry associations to strengthen self-discipline in order to protect the tourism consumers’ rights and interests, finally, give full play to the consumers’ association.