Research On The Package Contract Cancellation System Based On The Economic Analysis Law Perspective

This paper takes package tour contract termination system in Tourism Law as the research object,and the existing problems in the practical operation of package tour contract termination system since the implementation of Tourism Law as the starting point of the research.It adopts the research method of the economic analysis of law,to make study on the existing problems of the package tour contract termination system in our country.Judicial practice shows that since the implementation of Tourism Law,because the overly concise provisions of package tour contract termination cannot adapt to the present need of judicial practice in package tour contract termination in our country,but increase the costs to deal with this kind of disputes for tourists and tour operators.It directly causes the rising of the costs for tourists and tour operators to transact tourism service,to produce negative influence on the development of domestic tourism.Meanwhile,it also goes against to maintain the legitimate interests of tourists and tour operators.The analysis reveals that in the judicial practice of package tour contract termination in recent years,no matter for the disputes caused by tourists’ termination of package tour contracts or tour operators’ termination of package tour contracts,the core problems are all embodied in four aspects,including the opacity of the deduction scope of necessary expenses,the unreasonability of setting liquidated damages,the lack of damage compensation system for tourists,and the imperfect of relevant legal problems in compensating the business losses for tour operators.The existing of the four problems directly cause that it is easy to produce disputes for tourists and tour operators to confirm the aggregate amount of compensation after the termination of package tour contracts.From the perspective of the economic analysis of law,it can be seen that the main reason of the opacity of the deduction scope of necessary expenses is the information asymmetry between tourists and tour operators.And current package tour contract termination system doesn’t fully respect the compensation of trade surplus.The lack of liquidated damage system in package tour contracts is not beneficial to maintain the interest of both sides of the tour service trades.The lack of damage compensation system for tourists is directly related to the lack of the support of compensation of trade surplus and inconformity to the transaction efficiency maximization theory.The imperfect of relevant legal problems in compensating the business losses for tour operators is related to that tour operators cannot obtain the compensation of trade surplus,and directly cause the results that tour operators have advantages in information obtaining but have a disadvantages position in lawsuit.Therefore,in order to fully maintain the rights and obligations of the both sides of the package tour contracts and reduce the trade costs of tour service and enhance the trade efficiency of tour service,this paper suggests to improve the package tour contract termination system from four aspects,including establishing detailed list system of main items of tour expenses,standardizing the setting terms of liquidated damages,building the damage compensation system of tourists and constructing the recognition criteria of business losses.