On The Legal Remedy Of China’s Tourist Contract Disputes

At present, the tourism industry in China has a rising trend of tourism contract disputes arising from the anticipatory breach of the operator, and the default in the process of implementation and the default after the contract obligation in the tourism industry of our country; in the meanwhile, the legal relief on the tourism contracts exist a lot of problems, such as the lack of perfect law and regulation basis, and the insufficiency of the effective supervision of the administrative department, as well as the deficiency of the internal regulations regulating tourism industry, which lead to the fact that tourists can’t get timely legal protection when their legal rights are infringed. In view of the above problems in the legal remedies for the tourist contract disputes, and then on the basis of studying and drawing lessons from the legislation of foreign tourist contract disputes, the paper puts forward the idea of perfecting the legal relief system of tourist contract disputes in our country. Focusing on the difficulty of judicial relief the branch of legislature should perfect the regulation of the law and regulation to the dispute; on account of the problems which exist in the government’s tourism law enforcement and supervision the government should improve its effective regulation of the travel contract; aiming at the internal problems in the tourism industry we should complete the standardization of the tourism industry regulations.