The Choice Of Laws For Cross-border Tour Contract Based On The Principle Of Protecting Tourist Consumer

Cross-border tourist is a kind of consumer.Cross-border tour contract belongs to consumer contract.The principle of protecting tourist consumer should carry through the choice of laws for cross-border tour contract.Currently,the choice of laws in cross-border tour contract in EU legislation and Brazil's legislation both reflect the principle of protecting tourist consumer.Considering the legislation and juridical practice of China's choice of laws in cross-border tour contract,comparing with EU legislation and Brazil's legislation,China's choice of laws in cross-border tour contract should identify in what circumstance the conflict rules for consumer contract shall apply to cross-border tour contract,adjust the limitation on autonomy of will,and includes "more favorable law",in order to further improve the protection of tourist consumer.Apart from introduction and conclusion,this thesis is divided into three chapters:The first chapter elaborates the consumer identity of cross-border tourist and presents that cross-border contract is a kind of consumer contract in order to provide basic premise for the further study on choice of laws for cross-border tour contract.The second chapter discusses the principle of protecting tourist consumer in international level and explores different legislations on choices of law in cross-border tour contract.The third chapter examines the legislation and juridical practice of China's choice of laws in cross-border tour contract,analyzes the pros and cons of China's choice of laws in cross-border tour contract about protecting tourist consumer,and eventually proposes some suggestions on China's choice of laws in cross-border tour contract.