Study On Punitive Compensation System In Tourism Contract

Punitive damages system first appeared in 1994,the consumer rights and interests of the People's Republic of China protects a law "(hereinafter referred to as the" elimination "),then also have appeared in other laws and regulations.In October 2013,the supply of the People's Republic of China(hereinafter referred to as the "tourism law")began to implement,tourism law article 70,paragraph 1 of the tourism contract breach the punitive compensation system,this is a breach of contract damages system of a major breakthrough.But this system has not fully played its role in solving the travel contract dispute.The reason is that the law of damages in tourism law is too strict and the amount of compensation in judicial practice is arbitrary.Based on this,it is necessary to make some improvements to the punitive compensation system stipulated in article 70 of the tourism law.This paper is divided into four parts to study the punitive compensation system in the tourism law,which is as follows:The first part analyzes the theoretical basis of setting punitive compensation system in China's tourism law.The author believes that the necessity of regulating tourism market and the particularity of tourists are the important reasons for the regulation.The punishment of punitive damages is also the legitimate basis for introducing the system in the tourism field.The system is of great significance to protect the lawful rights and interests of tourists and improve social benefits.The second part starts from the law,analyzes the constitutive elements of the punitive compensation system in the tourism law,and induces it into four aspects: it is suitable for the travel agencies and tourists of the package tour.The travel agency intentionally seriously defaults;The travel agency is stillrefusing to fulfill the tourist requirements;The act of the travel agency has caused the serious consequences of personal injury and detention of tourists.The third part analyzes the problems of punitive compensation system in China's tourism law.The author thinks that it has some limitations in the application scope and the calculation standard of punitive damages.In combination with the actual situation of China's tourism industry,its application in the existing tourism dispute resolution mechanism is relatively small,which makes it difficult to fully play the function of the system.In the fourth part,the author puts forward several measures to improve the system of punitive damages.Including expanding the scope of application;To improve the calculation mechanism of punitive damages;To set up a tourist court;In combination with China's actual creative use of punitive compensation system in the area of tourist complaints.