Research On The Legal Issues Of Balancing The Interests Of Cruise Passengers

The cruise industry is a new industry in China,The relevant policies and legal systems concerning the protection of the rights and interests of passengers in cruise ships are not perfect yet,and all kinds of civil disputes are easily triggered in practice,the most prominent was the usurping cruising ferry events.With the cruise tourism industry in China's development and popularization,social needs relevant laws,regulations,and systems to protect ordinary interests of cruise passengers.Due to the inherent lag of legal,many of the current legal provisions on cruises have become a bottleneck in the development of the cruise industry.As a superstructure of cruise economy cruise legal guarantee system ready.Cruise legal systems should be at the core of a series of legal system collectively,need to rely on national legal level and the level of international law,specializing in cross-industry complex in the field of systems engineering.In this paper,the balancing of interests from the perspective of the ship,to the legal implications of cruise tourism in the process of facing,combining theoretical knowledge of law,maritime law,tourism law theory,legal issues through legal analysis discussed cruise tourism.Combined with our basic national conditions and the corresponding legislative practice,based on the empirical analysis puts forward possible solutions.This article consists of four parts,the details are as follows:The first part mainly summarizes the related legal issues,First of all,the cruise and cruise tourism are outlined,followed by cruise tourism legal relations in the legal status of the relevant subject defined,and finally,to make an overview of the balance of interests of the ship passengers.The second part mainly analyzes the balance of interests of cruise ship passengers,It mainly expounds the three aspects of cruise tourism,the process of balancing the interests of passengers,the jurisprudence and the right to travel as human rights.The third part is the empirical analysis of the imbalance of cruise ship passengers' interests,First of all,from the example of the cruise ship boat incident to sort out,and then cruise ship legal analysis,Secondly,the qualitative analysis of the cruise ship arrest is made,and then the specific measures to protect the passengers' rights and interests under the condition of the arrest of the cruise ship are put forward,Finally,from the analysis of the imbalance between the upstream of the ship and the upper reaches of the river,it is concluded that the passenger liner as the carrier should bear the vicarious liability.The fourth part is mainly about the construction of the balance system of the interests of passengers and ships,First of all,in order to solve the problem of better protection of the rights and interests of the passengers,the author proposes the introduction of the maritime performing party system,which puts the cruise company into the performing party;Secondly,in order to balance the interests between passengers and ships,the author puts forward the mechanism of building a good faith system;Moreover,in order to better protect the legitimate rights and interests of passengers,the author proposed a liner accident commercial insurance,through the third party insurance to protect the rights or interests of the cruise line or passengers;Finally,the author puts forward the jurisdiction breakthrough flag,given to the jurisdiction of the cruise home port,in order to solve the disputes better cruise.