Study On The Legal Protection Of Tourists' Right To Rescind Contract

With the rapid development of tourism in recent years,a new type of tourism contract dispute emerge in endlessly,but the special legislation of Chinese about tourism is the tourism law,in theoretical research on tourism contract,the rights of tourists,especially in the tourist contract rescission,the current law of protection of the right to terminate a contract with the tourists in the hole is the tourist contract rescission scope too narrow,the tourist contract termination right restricted,tourists consequences of termination of the contract provisions are not clear,tourist contract rescission of the judicial relief of limitations.In combination with the extraterritorial legislation of tourists' right to contract termination,the author believes that the practice of canceling the payment system and setting up the termination period in advance is worth learning.In combination with the domestic situation,this paper suggests that the legislative level protect tourists' right to contract termination through the naming and standard format contract of tourism contract in the contract law.In addition,due to the narrow scope of application of tourists' right to contract rescission,it can be improved by expanding the extension of tourism contract and the scope of responsibility subject of tourists' right to contract rescission.Improving the calculation method of necessary expenses and determining the responsibility distribution of tourists' cancellation right can also play an important role in the protection of tourists' cancellation right.