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The Tourists Legal Question Of Compensation For Mental Injury Research

Posted on:2017-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:X M LiuFull Text:PDF
GTID:2336330488975073Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Tourists and tourism operators(travel)to travel contract,provided by the tour operator travel service is in daily life people are the most common way of travel.The travel contract relative to the general contract has a strong spirit of properties.Tour operator if,in violation of the provisions of the travel contract mental injury caused by the tourists,the tourists can claim compensation for mental damage.Give tourists is not only beneficial to better contain asking for compensation for mental damages the legitimate rights and interests of tourists,realize social fairness and justice,but also to promote the healthy and orderly development of the tourism industry."Tourism law" as the fundamental law of the tourism industry while explicitly stipulated in the legislative purpose "safeguard the legitimate rights and interests of tourists and tour operators",but for the problem of compensation for mental injury tourists not to specification.Tourists advocated in practice cases of compensation for mental damage,mainly on the basis of the related provisions of tort liability law for processing.Tort compensation for mental damage and compensation for mental damage of default in the imputation principles,established condition,compensation scope,etc.There are many differences.Mental damage to tourists on the basis of tort liability law relevant provision claim may notget good protection.Starting from the perspective of protecting the legal rights and interests of tourists,the tourists as the tour operator's default behavior and often suffer from mental injury cases,or for tour operator is breach and infringement and suffer from mental injury cases,namely the concurrence of liability for breach of contract and tort liability cases,should give option to tourists.For this,we need to improve the system of the corresponding compensation for mental damage of default.Because when there is a concurrence of infringement spirit damage and mental damage of default,if you don't give tourists with freedom of choice,is not the spirit of the comprehensive protection of tourists.The difficulty lies in tort liability is "who advocate who proof" of fault liability principle.Compared to the liability for breach of contract,tourists can be much more difficult to burden of proof.At the same time,mental injury is different from the definition of property damage it relatively fuzzy,regulatory and certification work of mental injury in China didn't do it.All the better,increase the tourists to maintain their legitimate rights and interests of the difficulty.Many countries,including the continental law system and Anglo-American law system abroad institution of compensation for mental injury for tourists have detailed provisions,the relevant legislation and judicial practice experience to perfect the institution of compensation for mental injury tourists in China by using for reference.First of all,should be worked out in the set up of mental damage compensation in the civil law.Second,ought to be in problems of compensation for mental injury clearly in the contract law and the proposals to the tourists.Again,in the field of insurance law to set up the mental injury risk,to fully protect the legitimate rights and interests of mental damage to tourists.
Keywords/Search Tags:mental attributes, tourist contract, mental injury
PDF Full Text Request
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