Research On The Legal Liability Of The Assistant Of The Travel Contract

In the tourism economic activities,the travel agency mainly serves as a travel service product integrator or porters rather than specific products and services of the actual producers and service providers.Travel agencies often use other tourism operators to provide tourism services to tourists,which leads to the subject of tourism disputes in the identity of the diverse,complex legal relationship,increasing the difficulty of solving the case.The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Tourism Disputes and the Travel Law have made efforts to clarify the legal status of tourism service providers and the legal responsibility between the subjects.At present,since the definitions of the “performance assistant” in Tourism Law,“the third” in article 65 of Contract Law,“the debtor” in article 64 of Contract Law,“tour assistant” in Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Tourism Disputes and“performing assistant” in the traditional civil law system are unclear.Besides,the research focused on the “performance assistant” in the organized travel contract is lack of a uniform and firm theoretical basis.Under the influence of other connotations,there is no stable and reliable legal basis for the legal status and the rights and obligations between the auxiliary and the group and the tourists.Therefore,it is the key to regulate the responsibility of the main body of the dispute by defining the legal status of the auxiliary person.The Tourism Law of Constitution of the People's Republic of China,as the primary legal which is used to settle the dispute in tour,rectified the legal status and responsibility of the performance assistant in organized travel contract based on the Provisions on Tourism Dispute and handled the cohesive requirements between new laws and old laws properly.The thesis attempts to analyze the concept and connotation of the auxiliary contract of the contracted travel contract,and make a comparative analysis of the new and old laws to explore the theoretical foundation of the relevant legal provisions,and analyze the case of the court in the judicial practice,the legal status and responsibilities of the subsidiary in the contract.The thesis supposes that the "TourismLaw" is based on the contractual relationship between travel agents,tourists and performers in the actual tourism activities,and the implementation of the definition of the performance of the contract.Concepts are not the same.