Research On The Legal System Of Personal Injury Dispute Of International Cruise Passengers

In recent years,the number of people participating in international cruise tourism has increased.There is a significant difference between cruise tourism and maritime passenger transportation.China currently has no specific regulations on cruise tourism.At the same time,the relevant international treaties to which China has acceded,such as the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea,1974(hereinafter referred to as the "Athens convention of 1974"),only stipulate relevant contents of the carriage of passengers by sea.The relevant provisions applicable only to maritime passenger transport cannot properly handle the disputes arising from cruise tourism.Since international cruise tourism is involved in foreign affairs and relates to multiple subjects,such as passengers,cruise companies and travel agencies,once there is a passenger's personal injury dispute in international cruise tourism,the dispute resolution involved will be extremely complicated.At present,relevant regulations of cruise tourism in China are still in a state of absence.Therefore,when dealing with relevant disputes of personal injury of passengers,Should be combined with Maritime Law of the People's Republic of China,Tourism of the People's Republic of China,Contract law of the People's Republic of China,Law of the People's Republic of China on the Protection of the Rights and Interests of Consumer,Law of the People's Republic of China Governing the Application of Laws on Foreign-related Civil Relations,Special Maritime Produce Law of the People's Republic of China.This paper elaborates the basic system of the cruise tourism in China,the main contract,cruise travel involved were analyzed,and the main body and its rights and obligations of the jurisdiction and applicable law of cruise tourism research,as well as for the perfection of legal system of the cruise passengers personal injury to explore,to systematically to international cruise tourism passenger personal injury law system of whole sex research.This paper is divided into four parts to study and analyze the above problems.In the first part,this chapter starts with the development of cruise tourism and cruise tourism in China,and briefly introduces the legal system of cruise tourism in China.First of all,this chapter introduces the different "chartered ship mode" of cruise tourism in China and foreign cruise tourism,that is,the travel agency agrees with the cruise company on the booking price of shipping space before the cruise ship ticket starts to be sold,and orders all or part of the shipping space provided by the cruise company through certain payment in advance.This mode of chartered ship is an important reason that the legal relationship of cruise tourism in China is more complicated than that of foreign cruise tourism.Secondly,this chapter introduces the particularity of personal injury dispute of international cruise passengers.The personal injury dispute of international cruise passengers has its particularity,which mainly includes the following aspects: first,cruise travel naturally has special risks at sea.Second,in addition to maritime risks,cruise travel also involves the risk of personal injury disputes during shore tour.Thirdly,the subjects involved in cruise travel are diverse,and it is easy to have conflicts when determining obligations.Fourthly,the absence of relevant legal system leads to multiple problems when dealing with relevant disputes in practice.In the second part,this chapter analyzes the main legal relations involved in international cruise tourism.First,this chapter introduces the main contracts involved in international cruise travel.The general contract of carriage of passengers by sea is the contract of carriage of passengers concluded between the carrier and the passenger.However,due to the body of the involved in the international cruise tourism is more complex,including passenger,cruise lines,travel agents,cruise on other business operators,etc.,as a result,the basis of contract involved in the international cruise tourism is also more variety,in addition to the contract of carriage of passengers by sea cruise demonstrate outside include cruise travel contract and cruise tourism support contract.Secondly,this chapter the cruise tourism dual attribute(travel properties and transport familiar)under the main body,focus on the carriage of passengers by sea legal relationship and travel in the legal relationship between the concept of "carrier" in "the performance of the auxiliary" concept to clarify,to determine the travel agency,cruise lines,and the other on the cruise operator subject positioning in the cruise.Finally,this chapter refers to relevant international treaties on ship safety and other relevant provisions,describes the cruise tour operators' security obligations.In the third part,this chapter analyzes the dispute resolution of the personal injury dispute of international cruise passengers.This chapter is divided into two aspects.The first aspect is the jurisdiction of the personal injury dispute of international cruise passengers.This chapter mainly discusses the determination of the competent court under the legal relationship of breach of contract and tort.Among them,the determination of the competent court under the breach of the legal relationship mainly discusses the jurisdiction under the breach of the carrier's breach of the contract of carriage of passengers by sea and the travel agency's breach of the contract of cruise travel service.The second aspect is the legal application of the personal injury dispute of international cruise passengers.This chapter also discusses the legal application of the legal relationship of breach of contract and tort.In the fourth part,this chapter explores the perfection of the legal system of personal injury dispute of international cruise passengers,mainly including three aspects.The first aspect is the perfection of the limitation of liability of cruise tour operators.The 1976 protocol to the Athens convention,to which China is a party,and the maritime law of China stipulate that the limit of liability for personal injury or death of each passenger shall not exceed 46,666 SDRS per time.The second aspect is that compulsory liability insurance can be introduced in cruise travel to provide tourists with more comprehensive protection.Tourists can also directly ask the insurance company for compensation liability based on compulsory liability insurance.The conclusion part of this paper holds that although cruise tourism takes cruise as the main carrier for tourism activities,it has its limitations in maritime law or tourism law.The author believes that it should be regulated separately.At the same time,the personal injury disputes arising from maritime risks and the personal injury disputes arising from non-maritime risks should be separately stipulated,so as to distinguish whether the limitation of liability of the carrier is applicable,and to clarify whether the personal injury disputes arising from passengers should be governed by the local court or the maritime court.In addition,a cruise ticket system should be established comprehensively to clarify the rights and obligations of cruise companies and tourists,so as to protect the rights of tourists more comprehensively.