Research On Standard Terms Of The Tourist Contract

The research of the tourist contract is relatively weak in the domestic law fields at present, specifically in standard clauses for tourist contract. As tourism market is developing vigorously, the lack of research for Tourism in related legislation as well as in legal relationship lead to the dispute is growing and being more complex. This kind of contradiction is so symmetric with the healthy development of China's tourism industry which should have an orderly legal environment. With the current stage of the situation and the main problems of standard contract clauses for tourist in China and on the basis of inspecting the experience from other major countries and regions. This thesis explains at first the concept and the law characteristics of the standard clauses for tourist, and gives some suggestions to standard the standard clauses, hoping to coordinate with the two parties in tourist contract, as well as providing theoretical support for the development of the tourism. This thesis is divided into four chapters:Chapter one mainly introduces the general theory of the standard clauses about the tourism. This chapter explains the concept, the character of the standard clauses, and its current situation and legislation in our country, suggests the backgrounds witch concept the tourism contract.Chapter two is about the investigation on the specification in other major countries and regions. Introduces and analyses there standard clauses in legislation, judiciary, administration which provides a salutary lesson for our country to regulate the standard contract clauses.Chapter three is the analyses on the main problems of standard contract clauses for tourist in our country. This chapter bonds some cases in practice and the rule of the Domestic Team Tourist Contract established by Tourist Administration of China which is applied to tourist market in Hunan province. Chapter four is the suggestions of building the standard contract clauses for tourist system in our country. This chapter is the keynote of this thesis, some personal advices about legislation, judicature, administration and society is given on the bases of combining with the actual situation in Chine, pre-analysis and reference from other countries and regions.