Research On Protection Of Tourists’ Right In International Tourism Island -the Problem And The Consummation On The Second Paragraph Of Article 29 In The Criminal Law Of PRC

The country has carried on the agenda about the international tourism island of Hainan Province. "The State Council on promoting construction and development of international tourism in Hainan Island" has painted a grand blueprint for the development of tourism in Hainan Province. It also gives enormous develop opportunities to Hainan, which, by relying on tourism to drive all types of industries and common development, promoting economy by leaps and bounds. Among those, the protection of tourist guides’rights has significance influence to the healthy development of Hainan’s tourism.On April 25,2013, the "People’s Republic of China, the Tourism Law" has adopted and published after the end of the second meeting of the 12th National People’s Congress. And then on October 1,2013, it normally applied in the whole country. The implementation of the "Tourism Law" has brought a Great upheaval not only to the national tourism but also to Hainan’s tourism. The tourist guides are the providers of tourism services, after the implementation of "Travel Law", their interests are protected by the positive way. But there also has another side. Backtracking to the born of Hainan’s travel industry, for nearly thirty years, the tour guides have been in the condition with "three non-officers", that is no written contract, no wages and no social insurance. The "Tourism Law" has a positive effect by aiming to adjusting the tour guides’basic system, strengthening the construction of the guide team from different aspects and constructing reasonable and orderly tour guides. But during its adjustment of international tourism island tour guides, the defects are gradually revealed and need to be further improved.This paper is formed by four chapters. The first chapter mainly focuses on the basic theoretical issues protection conception of international tourism island tour guides, which is including guides, tour guides, tour guides’rights and the interests of the international tourism island tour guides and other terms, as well as the particularity of the protection of international tourism island tour guides. Chapter two focuses on the problems after the "Tourism Law" entry into force. Such as the status and problems of the international tourism island’s tour guides’interests protection. This chapter outlines the main survival situation, the psychological crisis of the tour guides by pointing out the problems. The third chapter analyzes the reason happened to the protection of international tourism island tour guides. Based on the chapter before, the fourth chapter mainly focuses on the perfect travel agency management system, the improvement of the tour guides’ rights protection system and the improvement of the judicial relief system; this chapter also put up with the idea of perfection the protection of legal international tourism island tour guides’ interests. With the refine and improve of relevant provisions on the protection of the interests of tour guides, the "Travel Act" is supposed to provide a reference for other provinces’ tourism authorities.This paper uses the methods of empirical study, the economics of law, sociology of law, etc.