A Study On The Issues Of Jurisdiction Over Foreign Cases And The Application Of Law In Sabah Boat Sinking Incident

In recent years,the overseas tourism industry of China is booming due to factors such as the increase in disposable income of Chinese citizens' residences,the simplification of visa procedures for exit visas,and the increase in aircraft flights.According to the forecast of the United Nations World Tourism Organization(UNWTO),China will become one of the world's major tourist source countries by the year 2020.While international tourism is booming,the number of outbound tourists in China in 2016 will be 120 million.International travel disputes are also increasing.Every year,a large number of tourists suffer from personal injury or other disputes related to travel contracts when they visit overseas due to improper organization of tourism operators or other negligence of tourism support personnel.The sinking of Sabah,Malaysia occurred on January 28,2017.It is a typical legal incident involving personal injury infringement and contractual breach of contract in outbound tourism.In addition,in this incident,from the individual to the general,it also reflects the legal risks in overseas tourism day trip products that have been very popular among domestic tourists in recent years.In this event,tourists purchased overseas one day through an online e-commerce platform.Tour products,because the day trip product involves many parties,such as domestic agents,travel agents that actually provide tourism products overseas,tourism assistants abroad,e-commerce platforms,etc.In such a complex legal relationship,if the parties want to dispute Recourse to the court,how should the trial court determine the jurisdiction and the application of the law to resolve the dispute fairly and reasonably? This is worth thinking together in theory and practice.The full text consists of three parts.The first part introduces the basic issues of private international law involved in the shipwreck in Sabah.Through the introduction of the event,we will sort out several pairs of major legal relationships involved in the incident,and then discuss the possible conflicts in this case from the perspective of jurisdiction and legal application.The second part is an analysis of the focus issue.This section will discuss in detail the jurisdiction involved in the disputes between each pair of legal subjects mentioned in the previous article and the application of the law.From individual to general,using the disputes between various legal subjects in this case as a typical model,the issue of foreign jurisdiction and legal application in the handling of foreign-related travel contract disputes and personal infringement disputes was discussed.The third part is about the enlightenment of the shipwreck incident in Sabah to our country's legislation.Through the above analysis of the case and comments on foreign tourism legislation and academic views of countries and regions around the world,we will return to this incident and combine our country's legislation and judicial practice to put forward some thoughts and suggestions.First of all,through the combing of our country's domestic legislation,we found that there is no specific jurisdiction clause in the field of foreign tourism.Therefore,we propose to improve the jurisdiction clause of foreign-related tourism disputes.Secondly,in view of the special subject identities of tourists in foreign-related tourism,it is proposed to clarify whether the tourism contract applies the conflicting norms of consumer contracts.Finally,it is necessary to reflect on whether the principle of legal application of Chinese consumer contracts can fully satisfy the rational protection of tourists.demand.