Research On Application Of Laws To Foreign-Related Travel Contract

With the hot development of the tourism industry,the increasing of international tourists and the world tourism economic income,Chiese tourism market is also developing well,the number of outbound tourists is also increasing,and the inbound tourism market is gradually developing well.However,since tourists are traveling to a strange country or region,disputes cannot be avoided when there are differences in social system,laws,national culture and language etc.It is necessary to analyze the application of laws to tourism dispute cases when determining the applicable law of the country after the dispute occurs.This article will be based on Chinese foreign-related tourism disputes in the application of the law.The foreign-related travel disputes mainly fall into two categories,namely foreign-related travel contract disputes and foreign-related travel tort disputes.Because the tort on foreign-related tourism basically refers to the general tort laws,there are not many special problems about it.However,there are some special problems in the foreign-related travel contract due to the legal conflicts caused by different laws and regulations.Therefore,this paper will analyze the special problems in the application of laws on foreign-related tourism contract.In private international law,the most important problem to be solved in the application of law is the conflict of laws,and the cause and manifestation of the conflict is the difference in the legal provisions of travel contracts in different countries,which leads to the conflict in the application.This paper will analyze the existing legal conflicts in tourism contracts and the adjustment methods of the existing international organizations and other countries to the legal conflicts in tourism contracts,so as to provide reference for the following to solve the problems in the application of laws on foreign-related travel contracts in China.This article will put forward on the basis of the analysis in the existing literature research results of deficiency,because the existing of foreign-related travel contract law applicable research literature is less,and,there exist some shortcomings in the research,this paper will be combined with our country to deal with foreign-related travel contract law conflict of the conflict rules of the applicable law and the present situation of the judicial trial,and the problems existing in the process of legal application approved,and give relevant suggestions in view of the problem and solution.Firstly,this paper will expound the concepts and classification offoreign-related tourism contracts,and this paper will adopt the narrow definition of foreign-related travel contracts,so that the research scope of this paper is the legal application problem arising from the package travel contracts and travel agency contracts between tourists and tourism operators.The paper will also summarize the concept of the conflict of laws and the relevant adjustment methods of the application of law,and pointing out that the method of the application of law to resolve the conflict of laws is the direct adjustment law,through the uniform substantive law and mandatory provisions;There is also the indirect adjustment method,which adjusts through the relevant conflict norms.Secondly,it will analyze the legal conflicts arising from the foreign travel contracts and the existing laws to adjust.For example,the international convention on Travel Contracts in the Uniform Substantive law,the directive on tourism issued by the European Union,etc.There are also provisions on conflict laws in the European Union,the United States,Japan and other regions to determine different types of conflict norms applicable to each region or country in the adjustment of foreign-related travel contracts.It is pointed out that the conflict norms applicable to tourism contracts in various countries’ conflict laws are the effective adjustment methods.Then,on the basis of the above analysis,this paper will analyze the current situation of the application of laws on foreign-related travel contracts in China,including the applicable conflict norms and whether the applicable unified substantive law is included.And through the collection of 24 cases on the foreign-related travel contracts of the current situation of the application of the law.It will point out the problems existing in the application of foreign-related travel contracts in China: the general contract conflict norms or the consumer contract conflict norms which should be applied;When applying the principle of autonomy of will in the trial,there is the problem of how to make sure that both parties reach the autonomy of will under the circumstance that the tourism operator unilaterally chooses the applicable law;and there are some improper application and irregularities in the specific application of the most closely related principles.Finally,in view of the current situation and existing problems of the application of laws on foreign-related travel contracts in China,and combined with the legislative experience on the application of laws on foreign-related travel contracts outside the region,the corresponding solutions are proposed.On the basis of the analysis of the nature of foreign-related travel contracts,the general contract conflict norms are determined to be applicable.As for the problems existing in the aspect of will autonomy,the provisions of the general contract conflict norms should be perfected to protect the rights and interests of tourists from being damaged under the principle of will autonomy.However,in order to ensure the application of the principle of will autonomy,different determination standards should be appropriately referred to for foreign-related travel contracts.The principle of the closest connection should follow a certain order of reasoning when it is applied and should be applied flexibly considering the characteristics of foreign-related travel contracts.