Research On The Perfection Of Tourism Contract Legislation

The fifth chapter of China's ' Travel Law' stipulates the ' Tourism Service Contract' in the form of a special chapter,which means that the tourism contract first appeared as a famous contract in China's legislation,although the 'Tourism Service Contract?designed a number of important systems in the ' Travel Law ',but at the same time?there are still some problems in the application of legislation and laws.For example,the choice of the legislative model of tourism contracts is a historical opportunity to use the compilation of the unified civil code to incorporate tourism contracts into the civil code contract.It is also adjusted through special laws and industry laws.This is not only related to the sound and orderly establishment of China,s civil legislative system,but also to the formation of a comprehensive and synergistic rule of law environment under the intersection of public law and private law.In addition,existing tourism contract legislation exists.The main manifestations are:First,the definition of 'tourism service contract' in the "Travel Law" is too broad.The tourism contract as a typical famous contract has its own unique legal nature and legal characteristics.The tourism contract should only refer to ' Package tourism service contract',tourism booking,designing,consulting contracts should not be included in the tourism contract;The specific content of the existing legislation on tourisn contracts is relatively rudimentary,especially the necessary clauses of the package contract for travel,and the itinerary of the travel contract is vague.Some travel agencies use these loopholes to damage the legitimate rights and interests of travellers.Third,the travel contract existing legislation does not specify the rules for the use of format clauses.Travel agencies use format clauses to reduce or exempt their responsibilities T restricting the rights of travellers,and seriously infringing on the legitimate rights and interests of travelers.Fourth,existing tourism legislation does not construct tourist contracts.The spirit damage compensation system and the tourism contract are contracts for the purpose of satisfying the spiritual pleasure of tourists.The nature and characteristics of the contract determine that the tourism contract must break through the dual liability relief mode of civil liability under certain conditions.The existing tourism contract legislation can not effectively solve the problems frequently occurring in practice,which makes this not only not conducive to the settlement of tourism disputes,but also extremely disproportionate to the booming tourism industry,and more ambiguous requirements of the legal system.It is extremely urgent to perfect the complete legal system for tourism contracts.Around this center,the basic theories of tourism contracts are discussed?including the concept,legal nature and legal characteristics of tourism contracts.Some countries or regions,mainly Germany,Japan and Taiwan,have legislative provisions on tourism contracts^and pointed out The successful experience that should be learmed from the legislation and improvement process of Chinafs tourism contract;the analysis of the advantages and disadvantages of incorporating the tourism contract into the civil code,according to the double attribute of the private contract and the public law adjustment of the tourism contract,proposes to adjust the tourism contract through special law and industry law;In order to enrich and improve the legislation of tourism contract,the paper discusses the necessity of constructing the compensation system for moral damage in the liability of breach of contract of tourism contract;and puts forward four suggestions for perfecting the legislation of tourism contract in China.Including the clear travel contract refers only to the package price travel contract,improve the specific content of the package price travel contract,strengthen the legislation of the travel contract format clause and integrate it with the administrative supervision,and carry out the legislative design of the compensation contract for the spiritual damage of the tourism contract,etc.,with a view to China Legislation tour contract benefit.