Study On Carrier Liability Of China's Cross-border Cruise Travel

In recent years,with the continuous development of China's economy,cross-border cruise tourism has become the preferred way for more and more people to travel because of its particularity different from land tourism.Our country's restrictions on the main body of outbound tourism organizations lead to disputes,the main body of responsibility for cross-border cruise tourism is not clear,and passengers can not get timely and effective compensation,so there are often passengers to hegemony and other ways to safeguard their interests.The overlord ship poses a threat to the personal and property safety of passengers and other passengers,which is not conducive to the healthy development of cruise tourism industry,but also affects the healthy development of cruise tourism economy.At present,China restricts foreign cruise ships to operate domestic passengers' outbound business.Therefore,China's cruise tourism mainly adopts the mode of the contract for the exclusive sale of cruise tickets.Travel agencies conclude travel contracts with tourists,which include marine cruise travel and onshore tourism.Marine cruise travel is the responsibility of cruise companies and onshore tourism is the responsibility of local reception agencies.Navigation at sea is the destination of cruise tourism.This particularity leads to complex legal relations among travel agencies,cruise companies and passengers.However,China lacks legislation specifically applicable to cruise tourism,which makes it impossible for passengers to get timely and effective solutions after cruise tourism damage.On this basis,this paper specifically analyses the legal relationship among the three parties,determines the carrier status of cruise companies,and adds provisions on the liability of cruise travel carriers in the amendment of the Maritime Law in order to better protect the rights and interests of passengers.In addition to the introduction and conclusion,the text is divided into five parts.The first part is about the definition of cross-border cruise tourism related subjects and their legal relationship.Our country restricts foreign cruise companies to operate cross-border tourism.Foreign cruise companies can not directly sell tickets.Therefore,the main body of cross-border cruise tourism legal relationship includes cruise companies,travel agencies and passengers.Through analysis,it is concluded that the relationship between the travel agency and the cruise company is an exclusive contract for the sale of cruise tickets,between the passengers and the travel agency is a tourism service contract,and the relationship between the tourism and the cruise company is the most controversial.The author believes that the relationship between the two is a contract for the carriage of passengers by sea proved by the cruise ticket.Based on the carrier's legal status of the cruise company,this paper analyses the carrier's specific liability in the nature,scope and limitation of liability.The second part is the analysis of the nature of liability of cross-border cruise travel carriers.At present,there is no consensus on the legal relationship between cross-border cruise carriers and passengers.Therefore,after the carrier damages the rights and interests of passengers,there is a dilemma in the application of whether passengers require cross-border cruise carriers to bear the liability for breach of contract or tort.Through the analysis,this paper considers that when the liability for breach of contract and tort of the trans-border cruise carrier coincides,the passenger chooses to apply it.The third part is the analysis of the liability nature of the carrier of cross-border cruise travel.At present,there is no consensus on the legal relationship between cross-border cruise carriers and passengers in the academic community.Therefore,after the carrier damages the rights and interests of passengers,there is a dilemma whether the passenger requires the cross-border cruise carrier to assume the liability for breach of contract or tort liability.In this paper,through analysis,it is concluded that when the liability for breach of contract and liability for infringement of cross-border cruise ship travel appear to be concurrence,it is the choice of passengers to apply.The fourth part is the analysis of the carrier's responsibility scope of cross-border cruise travel.This paper specifically analyzes the personal injury and property damage of passengers in cross-border cruise travel,and determines whether there is spiritual damage compensation based on the degree of damage caused by the carrier of cross-border cruise travel.Through the analysis of cases,this paper explains which type of damage happens more frequently in practice,so as to specify the scope of carrier's liability and regulate it in legislation.The fifth part is about the construction of the liability system of cross-border cruise carrier in China.Based on the analysis of the current situation of the regulation of cross-border cruise tourism in China,drawing lessons from international treaties and advanced foreign experience,and taking full account of the application of the legal relationship of cross-border cruise tourism,this paper readjusts the specific provisions of Chapter V of the Maritime Law of China on "Contract for the carriage of passengers by sea",and specifies how to construct cross-border cruise in the Maritime Law of China.Tourism legal system.