Research On The Legal Regulation Of The Standard Terms Of Travel Contract

"Tourism Law", lasted for more than thirty years, finally be voted through on the second meeting of the12th session of the Standing Committee of the National People’s Congress, the tourism service contract appear in the files of the national legislation for the first time. but China’s tourism started early, regulated late, the study of travel contract still in a state of relatively weak in the law field of our country, and specialized study of travel contract format terms is a handful. On the one hand, tourism has already become a pillar industry in our country; on the other hand, the lack of theoretical research and legislation related to tourism, lead to frequent travel disputes and unordered tourism, this can not be adapted to the good condition that our country has become the world’s number three tourist destination country. In fact, an important reason for frequent disputes is the emergence of format terms of travel contract. Facing the status that the tourism industry rapid development and the disputes are increasing, it has great theoretical and realistic significance to research the problem of legal regulation of the travel contract format terms.This paper has based on the actual situation of research and legislation of tourism contract in our country and combined with the latest "Travel Act". First, this article has summarized the problem of formatted tourist contract, pointed out that it is the appear of formatted terms of tourism contract lead to tourism contract has become the typical format of the contract, has a further analysis of the causes and characteristics of the format terms of travel contract, advantages and disadvantages; secondly, summed up the legal basis of the legal regulation according to the causes and characteristics of the format terms of travel contract, mainly includes the freedom of contract, principles of fairness and justice in contract and transaction cost theory; finally, from four aspects included legislative, administrative, judicial and social to discusses the suggestions what use to regulate the travel contract format terms, so as to perfect related laws and regulations in our country, strengthen the supervision and management of tourism industry development, promote the sustainable development of tourism.