| Recent years travelling on holidays has become an important form of recreation for most common people, nationally the tourist attractions are overcrowded. Yet for lack of special legislative supervision over the whole industrial management, during the period of each golden week holiday(including Spring Festival or National Day), there are more and more disputes on rights and interests of tourist consumer. At present, facing the good situation of the rapidly development tourism industry, we should timely apply effective regulatory measures, to maintain a healthy environment for the industry to attract more consumers to participate in the consumption activities. Under such the circumstance, this thesis has carried on the basis of introduction on the theory of tourist consumers’ rights and interests. Moreover, it further analyzes the current situation of tourist consumers’ rights and interests protection, and then separately from the perspective of legislation, law enforcement, law application, and the own behavior of tourist consumer to explore the deficiency of tourist consumers’ rights and interests protection. Lastly, based on the deficiency, this thesis again put forward with some feasible suggestions on building a legal protection system on rights and interests of tourist consumer. The thesis mainly includes five parts:a. The introduction part expounds the selected topic background, the research mentality.b. Firstly this part according to the progressive relationship in logical, the concept of tourism, tourist consumption, tourist consumers is defined successively. Under the premise, with the combination of legal regulations on “Tourism Law” and “Consumer Protection Act”, this part also introduces contents of rights on tourism consumers.c. Based upon analyzing the statistics about tourist complaints released by People’s Daily online travel channel in 2014 and 2015, summarizing the tourist consumers’ rights and interests of the most common behavior patterns. Then concentrated on the key analysis tour operator infringement of tourist consumer behavior, namely through false advertising fraud tourist consumers, forced to tour in the prohibition of consumer shopping, online travel booking management confusion. Then respectively from the perspective of legislation, law enforcement, law application, tourist consumers’ rights and interests is analyzed the cause of the infringement problems. The last part points out tourist consumers themselves lack of rational consumption idea, it is also an important factor causing consumer rights and interests are harmed.d. This part carries on respectively from the perspective of legislation, law enforcement, law application, advances some measures for improving the present situation of tourist consumers’ rights and interests protection: revise about tourism consumers’ rights and interests protection legislation and to strengthen the administrative law enforcement surveillance for tour operators, optimize tourism disputes settlement mechanism. At the same time also suggests tourist consumer oneself need to set up the correct consumption idea, can fundamentally to ensure their own consumer rights and interests are not violated.f. The content of the conclusion part summarized the full text writing, reiterated that improve the state of tourist consumers’ rights and interests protection needs the government, tour operators, travel consumers tripartite cooperation, at the same time for the prospect to solve the problem of tourism consumers’ rights and interests protection in our country is prospected. |
