| Since the beginning of this century,in order to adapt to the economy that was pressed on the shortcut key in our country,the primary and secondary industries gradually transformed to the tertiary industry.As a comprehensive tertiary industry,tourism plays an important role in the industrial transformation.It not only covers various aspects such as food,clothing,housing,transportation,etc.,but also can meet the growing spiritual needs of people over the improvement of living standards.It has entered a high-speed mode of development,with huge market potential to be further tapped.By the end of the third quarter last year,there were 38,433 travel agencies in China.In 2019,the tourism market will continue to grow at a high speed,with a conservative estimate of 39,000 travel agencies by the end of the year.The number of travel agencies in China is expected to exceed 40,000 by 2020.By comparison,with a group tour than free line has more significant advantages,such as travel being more convenient and quick,saving time and energy on schedule,the budget into clear controllable,travel security personnel guarantee,also can enjoy the entire guide the interpretation of high quality service,in addition,tourists can also be based on their demand for personalized custom tourist route.However,,the phenomenon of the tourists forced to consumption exists widely in joining-team,the root cause is that the travel agency opts for a "zero negative membership fee" model,and in this mode,the travel agency attract more customers by unreasonable lower fares,then seize market resources,and finally make up for the membership fee loss by the way of forcing tourists to pay up.These ACTS that violate the market economy seriously infringe the legitimate rights and interests of tourists and undermine the normal order of competition in the tourism market.In order to protect the rights and interests of tourism subjects and curb tourism chaos to a large extent,the state promulgated the tourism law for the tourism industry in 2013 to regulate such illegal problems in the industry.However,due to the incompleteness of relevant laws and regulations,China’s tourism market still has more or less problems,and the relevant laws and regulations have not fundamentally solved them,among which the mandatory consumption of travel agencies is one of them.This paper mainly studies from the following aspects:The first part: from the current situation of China’s tourism industry,this paper introduces the background of the research,and leads to the "zero-negative tour fees",compulsory consumption and related theories and research basis.The second part: by defining the concept of compulsory consumption of travel agencies,it analyzes the legal relationship involved in compulsory consumption behavior,and makes clear that the behavior has a great negative impact on tourists,tour guides,travel agencies and the entire tourism industry.The third part: combing the existing laws and regulations on mandatory consumption behavior of travel agencies,analyzing the existing deficiencies from the aspects of legislation and law enforcement,and through the analysis of relevant laws and regulations at home and abroad,providing reference for the improvement of China’s tourism industry laws.The fourth part: put forward the corresponding legal regulation countermeasure.By improving the supply system,improving the relevant provisions of the regulatory mechanism of travel agencies and tour guide,perfect the mechanism of tourists’ rights,strengthening the travel agency(guide)rewards and punishment mechanism,clear,clear relationship between the parties,the parties responsibility earnestly safeguard the interests of all parties,further purification travel agency competition among atmosphere,make the tourism industry is on track,sustainable and healthy development. |
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