Research On Civil Liability Of Performing Assistant Of Package Tour Contract In China

Tourism is a highly comprehensive industry,involving food,housing,transportation,tourism,shopping,entertainment and other social and economic aspects.With the rapid development of tourism industry,the legal relationship between the main bodies of tourism activities is becoming more and more complex,which leads to endless tourism disputes.On October 1,2013,the Tourism Law of the People's Republic of China was promulgated and put into effect.For the first time,the concept of performance assistant was put forward.As an important subject to undertake the specific function of tourism service payment,it is not only beneficial to protect the legitimate rights and interests of tourists,but also of great significance to the healthy and rapid development of China's tourism industry to clarify the concept and legal status of the assistant and clarify the civil liability of the assistant.In the practice of package tourism,there are often tourism disputes caused by the failure or incomplete performance of assistant duties.However,the relevant legislation in our country is not perfect at present,the connotation and extension of the concept of assistant is not reasonable,and there are many places worth discussing and improving about the provisions of fulfilling the civil liability of assistant people.n order to properly resolve disputes over package price tourism contracts and further promote the healthy development of tourism industry,It is of great significance to reasonably define the concept of the assistant in the performance of the package price tourism contract and to clarify its legal status and corresponding civil liability.This paper analyses the concept,scope and classification of the assistant person for the performance of package tourism contract in China,and makes a comparative analysis with other relevant subjects,the legal status of the assistant in the performance of the package tour contract is clarified.Then studies the civil liability of the assistant in the performance of the package tour contract from the legal status of the assistant,and discusses the liability for breach of contract and the liability for infringement respectively.At the same time,based on the reality of package tour contract,pointsout the deficiencies of the current laws and regulations in China on the system of assistant civil liability for the performance of package tour contract;On the basis of learning from other countries and regions,perfects the system of assistant civil liability for the performance of package tour contract in China.Relevant suggestions are put forward.