Research On The Responsibility Of The Auxiliary Person In The Package Travel Contract

Tourism is a comprehensive industry that covers a wide range of services.It not only promotes the development of tourist destinations and related industries,but also alleviates the difficult problem of employment in our country,with low investment and high returns,tourism,which has the reputation of "green industry",is booming in our country.Tourism,because of its cross-regional nature and the diversity of links involved,needs to resort to the behavior of fulfilling helper,but it is precisely because of the intervention of performing helper.Performance assistant is not the contracting party of the package tour contract,but most of the services during the journey are provided by performance assistant.The behavior of the performance assistant determines whether the purpose of the contract can be achieved,the safety of life and the protection of property rights and interests,which has a vital impact on the quality of travel.Therefore,the performance assistant has a pivotal position in the package tour contract.Driven by economic interests,the performance assistant will wantonly violate the agreement of the package tour contract,thus infringing on the legitimate rights and interests of the tourists.Although the way to fulfill the responsibilities of performance assistant has been explicitly stipulated in the Tourism Law of the people's Republic of China(hereinafter referred to as "Tourism Law")issued in 2013.However,in real life,the phenomenon of performance assistant breach of the contract of package is still not prohibited.The author thinks that the punishment of the helper is not strong enough,so the author puts forward some opinions in the travel of our country.To reduce the infringement of tourists' legal right by strengthening the punishment of accomplices.In addition to the introduction,this paper is divided into four parts:The first part: the basic theory of performance assistant.This part expounds the concept of package tour contract,the constituent elements of performance assistant,the relation with the third party in contract law and the legal status in the contract.The second part: the problems of performance assistant in the tourism dispute.This part analyzes the confusion in our country's tourism by way of giving examples,because the law of our country does not stipulate the liability of guarantee for defects,the liability of compensation for breach of contract makes the cost of performing assistant illegal low,so the situation of wanton infringing tourists' legitimate rights and interests occurs frequently.The third part: the relevant investigation and reference of the foreign,the region to fulfill the assistant's responsibility.This part through the introduction and the analysis tourism legislation quite mature foreign,the regional correlation stipulation,so as to tourism legislation started late in China to provide some reference.The fourth part is to perfect our country ' s personal suggestion to fulfill the performance assistant's responsibility.This part aims at the problem of the fulfillment of the performance assistant's responsibility in the contract of our country.It is suggested to study the advanced legal provisions in foreign countries,and put forward relevant suggestions one by one.