Choice Of Law In Respect Of International Tourism Personal Injury Compensation

With the rapid development of Chinese economy and the improvement of the living standards of citizens, tourism is becoming an important way of life of citizens, this also promote the rapid development of the tourism industry. Nowadays, outbound tourism has gradually become an unusual pastime between the general public class. However, it should be noted, while international tourism booming, the disputes of the international tourism is also increasing, including infringement of international tourism in personal uncommon.The “Law of Application of Law for Foreign-related Civil Relations of the People’s Republic of China”for many cases of infringement of personal international travel is not to be fully considered, existing consumer contract, tort liability legislation and product liability, and “Civil Aviation” and “maritime” in the foreign law applicable rules, all of these cannot meet the complex and diverse needs of the international tourism personal infringement cases. Under the legislation is still lacking to pay or did not elaborate scenario, tourists will inevitably difficult and long road rights.So far, in the theoretical study of private international law, some issues related to international tourism-related private international law rarely discussed, research the law applicable to foreign personal tort system theory has not formed, some issues related to international tourism-related private international law and little people addressed, Chen Xinghua, Li Jian bonded with the “cross-border tourism on the law applicable to the dispute,” and Dr. Xia Yu’s “mechanism of cross-border travel services to resolve disputes” notwithstanding the padding of the power, but beneath the careful. For example, international tourism, with tourist interests are closely related to the infringement of personal problems. This issue emerged in recent years in the international tourist traffic, tourist accommodation in. In the “supremacy of human rights”, strongly advocated human rights in today’s society, human life is priceless, when our personal interests have suffered damage, how to make your own to get the maximum compensation and benefits? I think, the law applicable in international travel for personal injury compensation occupies a very important position, and Conflict-oriented rules of substantive law determines the scope and amount of compensation. So, I start on this as a problem.The full text consists of three parts.The first part introduces some basic problems of international tourism in personal injury. On the basis of the discrimination between international tourism and international tourist trade, elaborate international tourism and international tourism contents constitute, on the standard of whether tourists and travel intermediaries found a contractual relationship or not, and the type of contract, international travel can be divided into package tours(all-inclusive price and half-price) and non-package tour, based on a different way to travel, analysis of the legal relationship between the main international tourism, finally, combine with the six basic elements of international tourism, elaborated its different aspects, the situation in different places of personal injury, such as international tourist traffic in personal injury, personal injury during the hotel accommodation, scenic tour of personal injury and so on;The second section describes the international tourism for personal injury compensation laws apply. This chapter is based on statement of the unified entity in the international norms and the tourism conflict rules, combined with personal injury arising in different situations, analyzes the law applicable under international tourist contractual relationship with the non-contractual relationship between personal injury; pointed out that international tourism in personal injury law applies should analyze specific issues, in the tourist traffic, tourism products tort, we can follow the relevant provisions of international norms unified entity tourism, the general tort is based primarily on the conflict rules to solve. Based on international multi-angle travel considerations, the international tourism in personal injury compensation laws apply can be devided into two aspects of non-contractual relationship with the contractual relationship, highlights the tourists under a contractual relationship with the travel agency’s burden-sharing and the concurrence of tort liability with breach of contract.The third part is the most important article, combined with the current practice of legislative and the development trend of private international law, put forward the improvement about China’s international tourism personal injury compensation applicable law. Such as, first of all, by defining tourists weak position in the international tourism environment and elaboration on the necessity to protect the interests of tourists, propose that the principles of protecting the interests of tourists should be established in the international tourism weak personal tort; secondly, in contrast to the practice of tourists and tourism enterprise strength, at present, the shortage of autonomy principle applies to China’s international tourism in general personal tort, propose that party autonomy in the field of international tourism in personal tort should be reasonable limited, improved; finally, personal injury occurred as a result of international tourism has a great chance, in order to make the choice of applicable law apply more reasonable, implement the principle of the most closely connected applied to international tourism personal tort and so on, in order to meet the complex requirements of international tourism infringement personal.