Research Of Subject On TCM Health Tourism Contract

Traditional tourism service has not been enough to meet the needs of people,and the ways of tourism are becoming more and more diversified.In recent years,traditional Chinese medicine health tourism(Hereinafter referred to as TCM health tourism)service is produced under this background.TCM health tourism is regarded as the extension of tourism and medical industry.It belongs to the cross-regional combination of different industries and promotes the integration and upgrading of industries.However,the many principal parts such as TCM health tourism service organizations,travel agencies,demonstration bases for TCM health tourism,patients or tourists and medical travel agents and network service platforms are involved in the process of the TCM health tourism.The different principal parts form a variety of different legal relationships.But,at present,the development and legislation of TCM health tourism service in China is distemperedness.It is easy to result in ambiguity between the rights and obligations of the contract subject and deficiency of legal interest of the contract subject.Thus,to better division of responsibility and resolution of disputes,ascertaining the status and responsibilities of the legal subjects is of high importance in the process of the TCM health tourism.TCM health tourism service is a kind of comprehensive service that integrates traditional Chinese medicine and travel services,but the Chinese medicine health tourism service is not the simple sum of two service forms.It has the relaxing and enjoyable enjoyment characteristics that the traditional Chinese medicine service does not have,and the medical care,health care and recovery characteristics that the tourism service does not have.The counterparties who sign the contract of TCM health tourism service contract have two purposes: one is want to treat a disease in a long distance by means of China's traditional Chinese medicine,as well as the purpose of keeping in good health rehabilitation care;second is visiting tourism scenery,which is conducive to the treatment of physical pain through spiritual pleasure.The concept of TCM health tourism service contract defined by using semantic analysis is protocol that is related to the right and obligation of TCM health tourism signed by TCM health tourism service provider and counterparty that can provide tourism services and medical care services.TCM health tourism service contract is divided into three categories: TCM health tourism service contract,TCM health care tourism service contract and TCM health medical tourism service contract with much help of chart.The contract of TCM health tourism service is a new type of contract that conforms to the actual situation.It is a kind of nameless,paid and nonconsensual contract.The striking differences arefound using comparison analysis method on the particularity of the subject,the purpose of the contract,the content of the contract and the way of making the contract for TCM health tourism service contract,travel service contract and medical service contract.The main problems such as the ambiguous nature of contract,the ambiguous legal status of the contract subject and the difficult for duty allocation in TCM health tourism service contract are concluded with the aid of typical case.Through in-depth analysis,the legal relation between TCM health tourism service provider and the recipient cannot be interpreted faultlessly by using the existing contract types such as the tourism service contract relations,the medical service contract relations,and contracting contract legal relationship,the agency appointment contract legal relationship.Therefore,a new form of service contract,namely TCM health tourism service contract,should be established.And then,on the basis of this new type of service contract,discussing the responsibility of TCM health tourism service provider,medical travel agents,network service platforms and recipients of TCM health tourism service in the contract.