Research On Civil Liability Of Performing Assistant In Package Tour Contract

Travel to assist people refers to contract exists with travel agents,assist to perform package tour contract obligation,natural person or legal person actually provide related tourism services.At present,the package tour contract performance of the aided person's legal status in the research into traditional influence the performance of the auxiliary system of the debtor,so its form has not been unified and solid theoretical foundation;In addition,the performance of the auxiliary one subject division is not reasonable.These problems lead to perform assisted with travel agencies,tourist between rights and obligations is not clear.In practice due to the package tour contract caused by the performance of the aided person failed to perform its obligations the tourism disputes often occur,and therefore the reasonable definition of the concept of,clear the legal status,it is particularly important to standardize its civil liability.This paper discussed the our country tourism performance of auxiliary person in package tour activities shall bear civil liability,so as to provide reference for perfecting the legislation of our country travel.In this paper,through the package of auxiliary analysis and study of the contract,to clarify its legal concept and the status and clarify its civil legal responsibility.This article is divided into five most.The first part is the introduction,briefly analyzes the present situation of our country tourism performance of auxiliary person,related case analysis,our country tourism performance of auxiliary people responsibility system problems.The second part introduces the overview of tourism auxiliary service people,including the concept and characteristics of the package and the concept and characters of the package tour contracts;Tourism auxiliary service concept,status and the specific types and bear the responsibility of the specific case analysis are simply described.The third part is a package of auxiliary for the implementation of the contract bear the liability for breach of contract research,what kind of situation analysis of tourism performance of auxiliary personnel be liable for breach of contract andliability for breach of contract of form;Points out that its not package tour contract responsibility is the basic theory of contract relativity principle,combined with domestic and overseas laws and regulations to analyze it.The fourth part is about the performance of the contract auxiliary package shall bear the liability of tort research,first of all,analyze its tort liability is the basis of the security obligation,then analysis the concept of its safeguards obligations,source and the specific content;Secondly analyzes the imputation principles of tort liability and the judgment standard,finally the tort liability of the cases were divided into two types,namely the bear tort liability and caused by its share in the third person causes tort liability.The fifth part introduces the person responsibility system for tourism auxiliary services perfect several Suggestions: first,auxiliary service orientation of tourism in China is not clear,so let's clear the concept and the position in tourism activities;Secondly to clear its different claims shall bear civil liability for foundation;Again clear infringement of third party when the third person and carry out the duties of auxiliary tourism distribution;Finally clear tourism performance of the aided person's civil liability system of relief.