Dissertation > Political, legal > Legal > UNIVERSITY > China and France

The Legal Research on the Protection of the Interest of Tourist in Tourism Contract

Author YuDeYuan
Tutor DiYunLing
School Dalian Maritime University
Course Civil and Commercial Law
Keywords Tourism Contract Interest of Tourist Third Person Compensation for Spiritual Damages
CLC D913
Type Master's thesis
Year 2008
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When we enter the new century, the tourism industry of our country develops rapidly, the three major tourism markets of domestic tourism, tourism and inbound tourism continues warmly, tourism has become an important growth points of the economic development of our country. Many provinces have the development of the tourism industry acted as a priority. However, as the dynamic development of tourism in our country, there are not many local norms, laws, regulations, and the travel law is not perfect in tourism market.Tourism is a kind of contract without title in Contract Law. In practice,the tour dispute is mostly settled according to the general rules of Contract Law and administrative statute established by Tourism administrative service division. This often brings very great difficulty with trial practice,and the interest of tourist can’t be protected effective. In contrast,the developed countries such as England,America, Japan enacted the Law about the tourism several years ago,they use the decretive measure to regulate the social relations about tourism. The thesis defined the definition, nature of the tourism contract, analyze the complexity of travel relation,explain the disbennifit status of the tourist,expounded the necessity to protect the interest of the tourist. The thesis combine characteristic of tourist activity,the analyzes various kinds of situations about the change of subject and content and the contract canceling during the course of the travel contract is fulfilled, explain how to protect the interest of tourist in these cases. The thesis is on the issue of the contracting parties and third person of the travel. The author mainly analyzes the contracting parties’ability of concluding a treaty, third person’s legal nature and responsibility bearing .Think in the article, the provider of the tourist service can only be who has passed national franchise operation in our country at present; legal nature of third person is the fulfilling and assisting people; the travel agency should be responsible for assist people’s activity in fufiling the tourism to protect the interest of the tourist. The thesis has done some research of the fact that the tourism breaks with the problem of compensation for spiritual damages. I think it should be allowed asking for compensation for spiritual damages. The thesis deals with the question of formatting and control about tourism form contract analyses the question about name the travel contract . Strengthen the legislation of tourism contract,sterngthen the protective of interest of the tourist is the request of our economy and the development of the tourism.

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