Research On Legal Issues Of Performance Assistant In Package Tour Contract

In recent years,the demand for leisure travel by Chinese residents is increasing.According to the National Bureau of Statistics,the total number of domestic tourists nationwide doubled from 2013 to 2019.In 2020,although the outbound tourism industry fell into the industry trough period under the influence of the new crown epidemic situation,with the recovery of the economy after the epidemic situation,the consumption demand of domestic tourism market in China increased greatly.The well-known group tour is expressed as package tour in the tourism law of the People’s Republic of China.With the continuous refinement of the social division of Labor,in the package tour contract which mainly pays for the provision of tour service,it is necessary to involve the third party who is assisted by Tour service,which is described as the performance assistant in China’s “Tourism Law”.Starting from the concept of the package tour contract,this paper will focus on analyzing the role positioning of the performance assistant in package tour contract,distinguishing and defining,and the civil liability that it should bear.At the same time,it combines the current legal provisions of the performance assistant system and tourism in my country.Disputes judicial practice cases,put forward existing problems in current legislation and justice,and give suggestions for improvement.This article is mainly divided into four chapters.Based on literature review,the introduction summarizes the research status of Chinese and foreign related scholars and the main controversies existing at present,and takes this as the main research direction of this paper.The first chapter,firstly,introduces the concept and characteristics of the package tour contract,and then analyzes the three differences between the package tour contract and other tour contracts,at the same time,it defines the type of “Air Ticket + Hotel”in tourism practice.In the end,the author introduces the concept and characteristics of the assistant of the package tour contract,and summarizes the relevant legal documents in the field of tourism.In the second chapter,firstly,introduces the legal status of the package tour contract performance assistant in the current laws and regulations in China,secondly,it gives the specific type definition of the assistant of performance in the package tour contract,at last,the author emphasizes the legal responsibility of the assistant in the package tour contract.The third chapter mainly points out the problems existing in the legislation of the assistant for the performance of package tour contract in China through the judicial practice cases of tourism disputes,it mainly focuses on the unnecessary restriction of the concept of performing assistant,the limitation of the receiving agency to the scope of performing assistant,the legislative lag of the relevant legal norms in the Tourism Service Contract Chapter 5 of the Tourism Law,and the deficiency of the compensation system for the spiritual damage caused by the breach of the package tour contract.The fourth chapter,from the current legal norms as a starting point,China’s package tour contract to performance assistant system to give relevant suggestions.