Research On Legal Issues Of Supervision Of Cruise Transportation

Cruise tourism has developed rapidly in Europe and America for nearly a century,but in China it has become a new hot tourism mode in the past decade.Due to the restrictions of laws and policies,foreign cruise companies can not directly operate cruise tourism business in China.The operation mode of cruise tourism in China is mainly manifested as travel agency booking or cutting cabin.Transportation authorities and tourism authorities separately supervise cruise tourism.In fact,the supervision of cruise transportation by transportation authorities has not been out of the traditional mode of thinking.The legal basis for supervision is the International Maritime Transport Regulations and its implementing rules,Maritime Traffic Safety Act and regulations of very few departmental rules.The contents of the regulations cannot adapt to the complexity of cruise transportation,and lack a special legal system for cruise transportation supervision.The cases of missing passengers,sexual violence,personal injury,consumer fraud and other violations of passengers' rights and interests often occur in cruise travel.In order to protect the legitimate rights and interests of passengers,it's necessary to strengthen the supervision of cruise transport operations and improve the legal system design of cruise transportation supervision.This thesis is divided into five chapters:Chapter one is an overview.The first section makes the definition of cruise transportation,emphasizing that it breaks through the function of traditional sea passenger transportation,more reflected in the function of tourism;then defines the meaning of supervision of cruise transportation and analyzes its particularity;the second section introduces the objects and subjects of supervision,in order to clear the purpose and scope of the research.The third section puts forward the basic principles that should be followed to improve the supervision system of China's cruise transportation.Chapter two analyzes the supervision issues of cruise transportation security.Firstly,the research scope of supervision of cruise transportation safety is defined.Then,the laws and regulations related to the safety regulation of cruise transportation in China are sorted out,and the existing problems are analyzed.Then,the regulations on the safety regulation of cruise transportation in the United States are referred to improve the safe access and implementation of cruise ships.Based on the four aspects of cruise safety access,ticket boarding system,establishment of criminal information disclosure system and improvement of emergency response mechanism for cruise emergency,suggestions were made to improve the safety supervision system of China's cruise transportation.Chapter three discusses the supervision issues of violations of cruise passengers'rights.The first section analyzes the contents of China's cruise passenger rights and the performance of rights violations,including the unclear subjects of disputes,the unequal rights and obligations of the carrier and passengers,and the imperfect dispute resolution mechanism.The second section introduces the breakthrough regulations and existing deficiencies of Shanghai Cruise Tourism Management Standard in 2016.The third section Perfects China's cruises system from the aspects of the provisions on the contents of cruise tickets,the formal regulation and registration of cruise tickets,the improvement of the cruise passenger complaint mechanism and the supervisory system for passenger 's rights violations.Chapter four discusses the supervision issues of unfair competition in cruise transportation.This part analyses the manifestations and harms of unfair competition in cruise transportation in China,and the problems existing in the supervision of unfair competition in cruise transportation in China.It draws on the legislative regulation of unfair competition in cruise transport in the United States,and puts forward suggestions on the regulation system of unfair competition in cruise transportation by improving the supervision mechanism of cruise ticket price,the pre-examination mechanism of cruise advertising and the role of self-regulatory organizations in the cruise industry.Chapter five summarizes the perfection of the supervision system of cruise Transportation in China.Firstly,it summarizes the existing problems in legislation and practice of supervision;then it discusses the legal system of improving the supervision of cruise transportation,and designs the system from three aspects:defining the subjects of supervision,perfecting the content of supervision and establishing the system of punishment,in order to play a positive role in regulating the operation of cruise transportation and protecting the rights and interests of cruise passengers.