Travel Rights Draft And Theoretical Construction Of Fundamental Tourism Law Of China

Travel Rights Draft considers travel as a right and the rights during the process of travel cannot get guaranteed without the legislation of fundamental tourism law. Therefore, legislative department of our country shall constitute the fundamental tourism law in accordance with the spirits of the Draft.The logical starting point of the legal department' s construction lies in the analysis on the necessity of such a construction. This thesis firstly discusses, from the viewpoint of practical needs, the necessity of the legislation of fundamental tourism law. Such a necessity mainly behaves in three aspects: the tourism industry' s characteristic of integration determines that the support of fundamental tourism law cannot be ignored in reaching the goals of effectively adjusting the legal relations of tourism and regulating the tourism order; on the purpose of completely fulfilling China' s commitment in respect of tourism in its WTO accessing, service provided by the travel agency, other operators of tourism as well as the tour guide and the management activities of restaurants and hotels are destined to be integrated into a unified fundamental tourism law; in tourism-developed country, the whole legal system of tourism is also integrated into a fundamental tourism law.After discussing the necessity of fundamental legislation of tourism, the thesis continues to analyze the various genres on construction of fundamental tourism law and further claims that, in respect of the legislative resource' s utilization, the legislative mode emphasizing the combination of China' s domestic situations and international society shall be adopted,spit its and principals of Tourism Rights Draft be absorbed into China' s fundamental tourism legislation.At last, the thesis thoroughly discusses about how to construct the fundamental tourism law by absorbing the spirits and principals of Tourism Rights Draft. Its concrete contents are as follows: consulting the spirits and principals of Tourism Rights Draft which cover the principals of ensuring the development of tourism, protecting and exploring tourism resources, free travel and non-discriminatory tourism operation, ensuring the tourists' lawful rights, transparence, etc. ; drafting the core system according the spirits of Tourism Rights Draft which consists of tourism supervision system, registration system of tourism operator, safeguarding system of tourists' rights, effective protection system of tourism resource and tourism complaint-dealing system ; absorbing the original regulation of Tourism Rights Draft to establish the system of tourism laws and regulations.