Study On The Travel Service Provider Tort Liability

With today’s economy continues to grow, the importance of tourism service providers tort liability has become more prominent. In this context, we have to establish a clear understanding of the travel service providers.In order to determine the tort liaibility of travel service providers, we must have a correct understanding of travel service providers at the very beginning. To begain with, there are two different understanding about the definition of the travel service providers. Travel auxiliary servants are not fulfills the assistant. the travel service providers is characterised with profitability, service, diversity and relative. The substantive scope of tourism service providers are tourism business opraters, travel auxiliary servants and the third person. Travel service providers tort liability refers to the legitimate interests of tourism service providers against tourists should bear civil liability. Travel service providers to tort liability tort theory is based on the requirements of corrective justice, of course, assert the rights of citizens and natural.In order to determine the tort liaibility of travel service providers, we must have a correct understanding of the Imputation Principles of Tort Liability and the Elements of Tort Liability at the very beginning. Theoretically, there are four different doctrines about the Imputation Principles of Tort Liability of the tourism service providers,which is Fault liability, Presumed Fault Liability, No-fault Liability and the Compromise. The Elements of Tort Liability are Illegal act, Damage, Causation and Subjective Fault. Specific types of travel service providers have diffreent elements of tort liability.The travel liability concerning different types of tarvel service providers are different as well. The tourism business opraters is characterised with diversity, relativity and indirect. The tarvel service providers is characterised with relativity, complexility and particularity.China’s current tourism service providers tort law system is inadequate, and therefore it needs to be reformed. The main aspects of the reform have a clear legal status of tourists, a clear product liability in tourism service provider product liability principle, a clear road accident tort tourism service providers, specifically civil aircraft accidents tourism service providers tort. Wthe concerning the Tort Liability act, the reform are write the provisions of the Tort Liability tourism service providers under different circumstances; the expansion of punitive damages to the travel service provider among tort liability; increased accidents tourism tort liability provisions; increased civil aircraft accidents and simplify travel tort tourism service providers way tort liability into the law. Only in this way can we have a secure travel.