Interpretation of the Tourism Law of the People's Republic of China

Tourism law is also the first law in the history of tourism development in China. As the tourism industry has a long chain, a wide range of related industries and many departments involved, it is difficult to legislate separately for different types of tourism activities, and only a comprehensive legislative model can be adopted. The Tourism Law consists of 10 chapters and 112 articles. In addition to the general provisions and supplementary provisions, it respectively stipulates tourists, tourism planning and promotion, tourism operation, tourism service contracts, tourism safety, tourism supervision and management, tourism dispute handling, and legal liability, covering the contents of administrative law, economic law, and civil law.
First, highlight the protection status of tourism law, laying a legal foundation for safeguarding the legitimate rights and interests of tourists, tourism operators and their employees, protecting tourism resources and ensuring tourism safety.
In terms of safeguarding the rights and interests of tourists, the Tourism Law sets up a separate chapter of "tourists" to protect tourists with specific rights. First, the right of independent choice; The second is to refuse the compulsory trading right; Third, the right to know the truth; Fourth, the right to require performance; Fifth, the right to be respected; Sixth, the right to request rescue protection; Seventh, special groups have the right of convenience and preference. At the same time, more detailed provisions are made in other chapters to protect the legitimate rights and interests of tourists.
In terms of protecting the rights and interests of tourism operators and their employees, the Tourism Law focuses on balancing the protection of the rights and interests of tourism operators. In case of force majeure and the contract cannot be performed continuously, the travel agency shall be entitled to change or terminate the contract; In order to solve the problem of liability of tourism operators, the law stipulates the principle of fair and reasonable sharing of liability and establishes a liability insurance system in view of various situations in tourism activities. In order to protect the legitimate rights and interests of tourism practitioners, the law specifically stipulates that travel agencies should sign labor contracts with tour guides, pay labor remuneration, pay social insurance or pay tour guide service fees, and may not require tour guides to pay or collect fees from tour guides.
In terms of protecting tourism resources, the Tourism Law proposes that the development of tourism should follow the principle of integrating social, economic and ecological benefits, and rationally use tourism resources according to law under the premise of effective protection. The tourism utilization of natural resources and human resources must strictly comply with the provisions of relevant laws and regulations, meet the requirements of resources, ecological protection and cultural relics safety, respect and maintain the local traditional culture and customs, maintain the regional integrity, cultural representation and particularity of resources, and take into account the needs of military facilities protection. The government should strengthen the supervision and inspection of resource protection and tourism utilization.
In terms of ensuring tourism safety, the Tourism Law establishes the whole process responsibility system of unified government responsibility, department supervision according to law, specific responsibility of tourism operators, and self-protection of tourists. First, it establishes a pre event prevention system, including safety risk warning, flow control, safety assessment, warning, and training of tourism operators; The second is to establish an in-process safety management system, including government safety supervision and assistance, tourism operators' reporting and assistance, and tourists' compliance with safety regulations; The third is to establish an emergency response system after the event, including the responsibilities of the government and tourism operators, and the obligations of tourists to cooperate and bear costs according to law.
Second, strengthen the normative function of tourism law, which provides a legal basis for standardizing tourism management, tourism service contracts, tourism supervision and management, tourism market order, and giving play to the basic role of the market in allocating resources.
In terms of regulating tourism management, the tourism law establishes the basic system of tourism management. As for tourism operators, the law defines the licensing conditions, business scope and operating rules of travel agencies, and stipulates that travel agencies shall not make false publicity, arrange illegal and social morality violating projects, organize tourism activities at unreasonable low prices, designate specific shopping places, arrange additional items for payment, require tour guides to pay or collect fees, or default on tour guides' salaries or service fees. For tourism practitioners, the law defines the conditions of employment, requires guides and tour leaders to work with certificates, and must accept the appointment of travel agencies to provide services to tourists. A tour guide or tour leader shall not change the itinerary or suspend service activities without authorization, shall not ask for tips from tourists, and shall not induce, cheat or force tourists to shop or participate in items for which additional fees are paid. With regard to scenic spots, the law defines the conditions for opening, requires that tourist sites built with public resources should reflect the nature of public welfare, and makes more detailed provisions on ticket prices. With regard to emerging tourism formats, the law clearly stipulates farmhouse entertainment, high-risk tourism projects, network operation and other tourism operations. At the same time, it also clarifies the corresponding legal responsibilities of tourism management.
In terms of regulating tourism service contracts: the Tourism Law has made comprehensive and specific provisions on the conclusion, modification, dissolution and breach of the package tourism contract, further clarified the main content of the package tourism contract, the travel agency's obligation to explain, various situations of contract dissolution and responsibility sharing, and made provisions in principle on the connection of tourism arrangement contract, agency contract, consulting contract and accommodation contract. The law stipulates the special responsibility sharing system between tourists and travel agencies, group agencies and local agencies, commission agencies and agency agencies, travel agencies and performance assistants. At the same time, it also puts forward clear requirements for tourists' obligations and systematically stipulates the legal liability.
In terms of regulating tourism supervision, the Tourism Law defines the supervision mechanism of the government's leading departments, the joint law enforcement mechanism, the unified complaint acceptance mechanism, the information sharing mechanism for investigating and punishing illegal acts, the mechanism for cross department and cross region supervision, and the mechanism for publishing supervision and inspection. Tourism authorities and their staff are prohibited from participating in any form of tourism business activities. The tourism industry organizations are required to formulate industry operation specifications and service standards according to law, conduct self-discipline management on their members' business behaviors and service quality, organize business training, and improve the quality of employees. At the same time, the law also stipulates the ways, procedures and legal responsibilities for handling tourism disputes.
Third, give play to the promotion role of the tourism law, and create a legal environment for improving the tourism management system, strengthening the tourism development planning, improving the tourism industry development mechanism, giving play to the leading role of the government, and promoting the sustainable and healthy development of tourism.
In terms of improving the tourism management system, the Tourism Law stipulates that the State Council should establish and improve a comprehensive tourism coordination mechanism to coordinate the development of tourism. Local governments at or above the county level are required to strengthen the organization and leadership of tourism work, define relevant departments or institutions, and coordinate the development, supervision and management of tourism in their respective administrative regions.
In terms of strengthening tourism development planning, the Tourism Law further clarifies the main body and content requirements of tourism development planning, as well as tourism development planning and land