Study On The Application Problem About Travelling Abroad Law In China

After the president Xi Jinping proposed the "Belt and Road Initiative",the three ministries and commissions of the country jointly issued the report "To promote the vision and action of the Silk Road Economic Belt and the 21 st Century Maritime Silk Road." As a result,China’s tourism industry has entered a period of rapid development.With the rapid development of tourism,foreign-related tourism disputes are also emerging.The first issue in solving the foreign-related tourism disputes is the recognition problem in the private international law.The first part of this paper makes a relevant analysis.From the point of view of the conflict of laws,in the “Law of the People’s Republic of China on the Application of Civil Relations in Foreign Relations” in 2010,provisions were made on the application of laws concerning foreign-related contractual relations,mainly including foreign-related consumer contracts and foreign-related infringements.However,in practice,legal relationships need to be identified and categorized before the law is applied,such as whether foreign-related travel disputes are identified as contractual or infringement relations.This involves the application of laws concerning foreign tourism.If a foreign-related tourism dispute is identified as a contractual dispute,is it the application of Article 41 or Article 42 of the Law on the Application of Foreign-related Civil Legal Relationships;how can it be applied if it is identified as an infringement dispute? In addition,there are issues such as how to resolve legal conflicts when tort liability and breach of contract liability conflict.Therefore,a systematic analysis of the legal application of foreign tourism is needed to form preliminary ideas and perspectives so as to provide reference for judicial practice,aiming to protect the legitimate rights and interests of tourism consumers and make tourism in our country sustainable.healthy growth.In the second and third parts of this article,we discuss the legal application of foreign-related travel contracts and tort liability.Based on the analysis and study,we can properly learn from the practices of other countries and further improve the applicable rules of foreign tourism law in China.On this basis,it actively cooperates with countries along the “Belt and Road” to carry out regional legal cooperation in related fields to promote global governance.