On The Protection And Perfection Of Tourists' Rights In China's Tourism Law

The rapid development of tourism has also brought many legal problems,which has led to a series of tourism disputes.As an important subject in the legal relationship of tourism,tourists are also important factors for the survival and development of tourism,and the degree to which their rights are protected directly affects the healthy and stable development of China's tourism industry.Therefore,how to better protect the rights of tourists is a real life urgent need to strengthen the research.The enactment of the Tourism Law in 2013 provides a more legal basis for solving the problem of the infringement of tourists' rights in tourism disputes.Through the study of the protection of tourists' rights in China's tourism law,this paper analyzes the reasons for the current problems of the protection of tourists' rights,and puts forward some suggestions for improvement,which is of great theoretical significance and practical value to better safeguard the legitimate rights and interests of tourists and promote the sustainable and stable development of tourism.The first part of the article,by comparing the similarities and differences between tourists and ordinary consumers,concludes that tourists are special consumers,and the rights of tourists and general consumers belong to the cross-relationship in the application of the law,the rights of tourists include some parts of the general consumer rights,and on this basis,combined with the particularity of tourism to innovate.By comparing the similarities and differences between the travel rights and the rights of tourists,it is found that the travel rights is the right of everyone,belongs to the derivative right of rest right,belongs to the category of social rights of a single property,and the tourists' right belongs only to the special group of tourists,which includes both basic human rights and other civil rights brought about by tourism behavior with the nature of the right,tourists' right is premised on the right to travel.Compared with the general consumer's rights and the travel rights,the tourists' rights are more comprehensive and specific,conform to the characteristics of tourism,and have time limit,duality and complexity.Therefore,this paper mainly based on the relevant provisions of China's tourism law on the protection of the rights of tourists to discuss.The second part of the article focuses on the provisions of China's tourism law on the protection of the rights of tourists.The introduction of the Tourism Law not only provides an important legal guarantee for the development of tourism,but also makes the legitimate rights and interests of tourists have been more perfect protection.The content of tourists' rights is widely covered in the Tourism Law,which comprehensively stipulates the basic rights of tourists' right to choose,the right to know,the right to obtain honest service and the right to be respected,and gives tourists special rights such as the right to request for assistance and the right to cancel any travel contract.When the rights of tourists are violated,the tourism law also sets up a variety of rights relief channels,including the special relief way of tourism complaints,which also reflects the protection of tourists' rights.In addition,China's regulations on the protection of the rights of tourists,although not clearly defined the rights of tourists,but by the provision of travel agencies,tour guides and the establishment of other systems in the way side reflects their protection of the rights of tourists.The third part of the article discusses the current problems of the protection of tourists' rights,and analyzes the reasons.On the one hand,by comparing the data of various kinds of refereeing documents,it is found that the adjustment of tourism disputes in judicial practice is relatively low compared with that of ordinary civil disputes,which is largely due to the large gap between the ability of tour operators and tourists to respond.In order to reduce the tourism dispute and the time and economic cost of the tourists' rights,it is necessary to protect the legitimate rights of tourists in the process of purchasing tourism products and participating in tourism activities.On the other hand,through the classification of the status quo of the infringement of tourists' rights in tourism activities,it can be found that the legitimate rights and interests of tourists are vulnerable to infringement,which involves all aspects of the situation,reflecting that there are still a series of problems in the protection of tourists' rights in actual tourism activities.In order to effectively protect the legal rights of tourists,we need to analyze the legal system and the implementation of law from the aspects of the existence of the protection of tourists'rights.The fourth part of the article,from the perfect legal norms of the protection of the rights of tourists,improve the protection of tourists' rights institutions,improve the mechanism of dispute resolution,and build the integrity management system of tourist operators,put forward some suggestions to improve the protection of tourists'rights,with a view to china's tourists' rights can obtain legislation,law enforcement,Judicial state protection and law-abiding social protection from tour operators,tourists can truly enjoy the spiritual pleasures of tourism.