Study On The Civil Liability Of Tourism Contract Disputes

With the growing prosperity of China tourism market,tourism dispute also increases,especially the tourism contract disputes.In the actual process of travel contract implementation,the real tourism service is often provided by the travel support service providers,which is not the subject of tourism contract with tourist.What's more,the distribution of civil liability is not perfect for tourism contract disputes in “Tourism Law” currently.When tourists participate in the tourism activities held by the tourism support services,how to claim their rights if personal injury and property damage happened,has been a focus problem in the tourism contract dispute.This paper uses Case Analysis Method,sorting out thousands of cases about the tourism contract dispute from “http://wenshu.court.gov.cn/”from 1999 to 2016.In order to analyze the specific cases better,two typical cases related to the tourism contract dispute published in the Supreme People's Court Gazette are selected,extract the abstract theory by analyzing the essence of the concrete case.That's what makes the arguments of this article more persuasive.At the same time,using the Typified Method,to study on the civil liability of tourism operators and tourism assistants is divided to liability for breach of contract and tort liability.Whether to fulfill "security obligations" is the classification standard in the tourism contract dispute research.This paper is divided into six chapters,except the introduction and conclusion,there are fourth parts in the body.The second chapter analyzes two typical cases in the tourism contract dispute,introduces the basic situation of the cases in detail,and lead out the common focus of the two typical cases through the judgment of the court and the controversy of the parties.The third chapter states The third chapter states the legal nature of the tourism contract.Tourism contract is a kind of consumer contract that in pursuit of spiritual pleasure.In the implementation of the tourism contract process,tourism security is essential for tourism management,it is the premise and guarantee to achieve the purpose of the tourism contract.but in fact,in order to improve the tourism management benefits,It may lead to that tourism service providers provide tourism services,which is make the legal relationship more complex,it also involves the issue of civil joint-obligation.The fourth chapter analyzes the tourism contract dispute of the liability for breach of contract and tort liability.Tourism contract liability for breach of contract and tort liability are two common types in tourism contract dispute,the characteristics,constituent elements and the principle of imputation are different of this two types.When a travel contract dispute occurred in the above two kinds of responsibility at the same time,tourists should be given the right to choose.The fifth chapter further analyzes the commitment and distribution of civil liability in tourism contract dispute.Based on the reason of civil liability,the civil liability in the tourism contract dispute is divided into three categories: "civil liability caused by the tourism support service","civil liability caused by the travel agency" and "The civil liability arising from a third party without any legal connection." The three types of liability are analyzed and distributed rationally in different circumstances.