On The Time Waste Damage Compensation Liability In The Tourism Contract

As a sunrise industry,tourism has been listed as the world's third largest industry.After China's accession to the WTO,along with the rapid development of our country's economy and the improvement of people's living standard,people also further increase the investment in tourism consumption.Our country's tourism industry has maintained steady and orderly growth in recent years and orderly growth and contribution to our country national economy is obvious to all.Development,however,there are always some problems.In the process of rapid development of tourism,the number of disputes inevitably shows that tourism growth.In the tourism activities,tourism contract as a foundation,in the adjustment of tourism,law of relationship between the parties to a contract have the decisive function and pivotal role.But the situation is blank of tourism legislation in China is more,the content very lack,lead to waste time of tourists for tour operators default problems appear from time to time.Waste time system for compensation for damage in tourists in the empty state,and support waste time damage compensation cases in practice are also few.Waste time for damages and around the world,already through development,gradually approaching the mature,related theory in the judicial practice has achieved considerable success with the theory of mastery.The system not only helps to effectively protect the legitimate rights and interests of tourists,but also can promote the continuous improvement of the legal system of our country tourism and to improve legislative level.For compensation for damage to waste time,therefore,it is necessary to study,have far-reaching significance.Germany and Taiwan are one of the world leaders in the system of waste damages and liability,relevant law has its own definition asking for compensation for the damages,the gap is also of inches,there is no big difference.And waste time for compensation for damage to property,there are different views.Property damage theory is the alternative means of Germany's practice,has the advanced at the time,but with the passage of time and the development of the theory research,shortcomings exposed more and more obvious.Non-property damage theory is the tao of nature,reveals the real properties of the waste time in tourism,relative merits are obvious.Through cross than in Germany,our country Taiwan area the relevant legislative and judicial precedents,combined with the present situation of legislation and the judicial practice in China,can clearly see the existing problems in this field in China,which is related to legal system has not yet been established,the theoretical circle and practice circle flowers birds schools of thought contend,slow to solve the problem.In default of non-property damage compensation system has been accepted by successive cases worldwide,has rationality and necessity of the existence of a sign of the system.Then let's start with a serious shortage of property damage relief from the tourism contract and the particularity of the travel contract the some different Angle,it can deeply reflect the necessity of building the system in China.And article 107 and article 112 and article 113 of contract law in our country,to build our country tourism in the contract time damage compensation liability system provides a strong theoretical foundation and legal basis.Waste time in analysis it is concluded that the travel contract damage compensation liability after the imputation principle of fault liability principle,and determine the constitutive requirements of the main responsibility is logical.The discretion principle,predictable norms,the principle of compensation and so on three big compensation principle,under the framework of absorption in Germany and Taiwan in the relevant laws of the right of liability for the essence of the relevant provisions,the author puts forward his own a little idea of the scope of liability for compensation:Waste time compensation settlement by the day,with reference to local tourism business that month standard daily average profit as the base,comprehensive travel day average and the restrictions.