What are the main legitimate rights and interests of tourism consumers, and how to understand them?

This countermeasure mainly includes two aspects:

(1) Increase the education of tourism operators

This kind of education, on the one hand, The education of legal knowledge should enable tourism operators to have a comprehensive understanding of my country's existing basic legal norms and tourism regulations, so that they know the law, understand the law, abide by the law, and act in accordance with the law; on the other hand, through vigorous publicity and education, it is necessary to Let tourism operators understand that protecting the legitimate rights and interests of consumers is not only a legal obligation, but also a means of competition. Only when the legitimate rights and interests of tourism consumers are effectively protected and they enjoy satisfactory tourism services can tourism operators obtain more long-term economic benefits.

(2) Increase the education of tourism consumers

Facts have proved that a considerable number of tourists do not pay attention to protecting their rights and interests, and many tourists even Treat rights protection as a "trouble". Therefore, the education for tourism consumers mainly focuses on legal education. The government should strengthen ideological education for tourists and strengthen their awareness of rights protection, so that they can have a more comprehensive and in-depth knowledge and understanding of tourism-related laws and regulations, and understand the rights they should enjoy in tourism activities in accordance with the law or in accordance with contracts. When your rights and interests are infringed, what measures should be taken to safeguard your legitimate rights and interests.

Only by fully increasing the education of tourism operators and consumers can the government attach importance to protecting their own and each other's legitimate rights and interests, thereby maintaining the order of the tourism market and creating a good tourism consumption environment.

(2) Strengthen the construction of the supervision mechanism

The construction of the supervision mechanism mainly includes two aspects, one is the construction of the government supervision mechanism, and the other is the construction of the social supervision mechanism.

(1) Government supervision

Government supervision is divided into administrative supervision and judicial supervision. Tourism administrative departments at or above the county level and their affiliated quality supervision and management agencies are responsible for the administrative supervision of tourism consumption. Administrative supervision is one of the powerful means to protect the legitimate rights and interests of tourism consumers. Through its supervision, tourism operators cannot trample on the rights and interests of tourism consumers at will[2]. For example, the Nanjing Municipal Tourism Bureau has specially developed a series of tourism complaint mechanisms for tourism consumers to facilitate tourism consumers to get timely help from the administrative department when they are violated. Judicial supervision mainly refers to the judicial department. In areas where tourism disputes involve violations of laws and administrative regulations, certain legal sanctions and legal remedies are imposed on both parties to the dispute to protect the legitimate rights and interests of both parties and maintain the normal operation of the tourism economy.

(2) Social supervision

Social supervision covers a wide range of areas, including professional research institutions, consumer protection organizations, public opinion, etc. to safeguard the rights and interests of tourism consumers[2] . In recent years, more and more professional research institutes and consumer protection organizations have monitored the operation of the tourism market through various investigations, and many media have also disclosed unfair competition behaviors and tourism disputes in the market through interviews and other methods. and exposure, these behaviors have effectively safeguarded the legitimate rights and interests of tourism consumers. In the author's survey, nearly 77.4% of tourism consumers believe that when they suffer from infringement and fail to negotiate with the operator, the first solution they think of is to complain to the consumer association or report it to the news media. Therefore, the author believes that for a long time to come, social supervision will still play its huge supervisory role, working together with administrative supervision to maintain the stability and order of the tourism market. It can be seen that it is very necessary to further increase social supervision.

(3) Improving the tourism legal system

Since the reform and opening up, especially since the 1990s when the global economic interdependence has become increasingly close due to the background of economic globalization. , my country's tourism industry has developed rapidly, the domestic tourism market has gradually integrated, and the interaction between my country's tourism industry and the tourism industry of other countries in the world has become increasingly frequent. However, the behavioral norms of the tourism industry still remain at a shallow level, low level, and lack of unity. At the sexual level, it simply cannot meet the practical needs of regulating the tourism market. Therefore, in order to develop our country's tourism industry and promote the rapid development of our country's international tourism, it has become a practical need to formulate a basic tourism law and improve the tourism legal system.

1. Accelerate the pace of legislation

(1) The formulation of the Basic Law of Tourism

In terms of the name of the Basic Law, the author believes that it should be called "The People's Republic of China" *Japan Tourism Law. Regarding the construction of the Basic Law, my country’s Basic Tourism Law, the Tourism Law of the People’s Republic of China, should be formulated and implemented by the National People’s Congress or its Standing Committee as soon as possible. Its content should focus on clarifying the status of tourism in national economic and social development, determining the fundamental purpose of the country's development of tourism, and establishing a system for rational development and scientific utilization of tourism resources and environmental protection [3]. Among them, in terms of protecting the rights and interests of tourism consumers, tourism laws should clearly stipulate the specific institutions and departments that supervise tourism infringements; the legal status and functions of these institutions; the codes of conduct for various tourism enterprises; and the national standards for various tourism services. ; Content protection principles for tourists’ legitimate rights and interests; punishment methods and compensation methods for infringement of tourism rights and interests, legal responsibilities, etc.

The long-term absence of the Basic Tourism Law has caused huge losses to our country’s tourism economy. Especially under the influence of the current worldwide financial crisis, the formulation of tourism laws has become urgent. It can be seen that the formulation of the Tourism Law is in line with the needs of the times and the needs of social development. Its content should cover all aspects of the tourism industry and play a certain regulatory role in tourism activities to promote the sustainable, stable and rapid development of the tourism industry. .

(2) The formulation of special tourism regulations

The legislative body should also formulate a series of relevant special tourism regulations based on the current development status of my country's tourism industry, such as "Tourism Consumer Rights and Interests" Protection Law" and "Tourism Contract Law", etc. In the "Tourism Consumer Rights and Interests Protection Law", the rights and obligations that operators and consumers have to perform are clarified, and the standard of damage compensation is stipulated; in the "Tourism Contract Law", the nature of the tourism contract in the process of tourism activities is clarified and status, as well as specific penalties for breach of travel contract. This will certainly be able to effectively resolve travel disputes and give package tour consumers greater legal protection.

These tourism-specific laws are mainly used to fill the current gaps in the field of tourism law in our country. They specifically stipulate the rights and obligations of tourism legal subjects, the legal responsibilities assumed, and the penalties for violating the law. Through these The specific and detailed regulations enable our country's political and legal departments to have laws to follow, so that the legitimate rights and interests of tourism consumers are fully protected.

2. Increase the intensity of tourism law enforcement

On the premise that there are laws to follow, further increasing the intensity of tourism law enforcement is another effective means to safeguard the legitimate rights and interests of consumers. Through law enforcement agencies to crack down on unfair competition behaviors of tourism operators and behaviors that infringe upon the legitimate rights and interests of tourism consumers in accordance with the law, not only can tourism consumers receive effective legal protection, but they can also better combat tourism crimes and stabilize the tourism market order. , Promote the healthy, stable and sustainable development of the tourism economy.

However, the increase in law enforcement is still inseparable from the soundness of the legal system. Therefore, the national legislative body should formulate relevant tourism laws and regulations as soon as possible so that law enforcement agencies can have laws to abide by and have laws. We must comply, law enforcement must be strict, and violations must be prosecuted. Catch up with the development pace of developed countries in the tourism industry as soon as possible.