Traditional Culture Encyclopedia - Tourist attractions - 1. Why is the tourism law the product of the development of tourism to a certain historical stage?
1. Why is the tourism law the product of the development of tourism to a certain historical stage?
The object of adjustment of tourism law Tourism law is the product of the development of tourism in a certain historical stage, and it comes into being and develops with the development of tourism. The object of adjustment should be clearly defined when formulating tourism law, and the comprehensive legal relationship of tourism determines that tourism law is a basic law. Tourism legal relations mainly include the relationship between state administrative departments and operators, the relationship between state administrative departments, the relationship between state administrative departments and tourists, the relationship between higher and lower administrative departments, the relationship between tourism operators, the relationship between tourism operators and relevant departments, the relationship between tourism operators and tourists, and the relationship between China tourism operators and foreign tourism operators in business dealings. It is comprehensive in subject, object and content. Tourism law should emphasize the protection of tourists' rights and interests and the protection of tour operators' interests. Legal Issues in Tourism Development Since the reform and opening up, the rapid development of tourism has also produced contradictions. The main legal issues in the process of tourism development are: the legal environment of tourism development, the protection of tourists' legitimate rights and interests, the protection of tourism resources, environment and ecology, the legal issues in the operation of tourism enterprises, the protection of intellectual achievements in tourism development, the tax issues in the operation of tourism enterprises, crimes in tourism development, international cooperation in tourism and the settlement of tourism disputes. The center of tourism law Although tourism legal issues involve many legal provisions, such as contract law, consumer rights protection law, tort liability law, litigation law, etc., the protection of tourists' rights and interests and the protection of tour operators' interests are its center. Tourism law should define the scope of protection of tourists' rights and interests, including the personal safety of tourists, the protection of tourists' personal information, the safety of tourists' luggage, certificates and passports, etc. In view of the actual situation of the current tourism market, we should highlight and strengthen the protection of tourists' rights and interests. Of course, the responsibilities of tour operators cannot be expanded indefinitely, and the interests of tour operators can be reasonably safeguarded by reasonably defining the responsibilities and exemption conditions that tour operators should bear during and during their free activities. The formulation of tourism law should also clarify the comprehensive coordination mechanism and tourism management system of tourism, the outstanding problems in the protection, development and utilization of tourism resources, standardize and guarantee the business activities of tourism operators and employees, and standardize and effectively manage the tourism market order. Tourism legislation should clarify the responsibilities of tourism management departments and other administrative departments; Establish and improve the tourism law enforcement system; Strengthen the social security status of tour guides; The check-out time of hotels should meet national standards to protect public interests; The title of tour guide; Handle the relationship between tourism market and public products; The relationship between the development and protection of tourism resources (such as "separation of powers", that is, the ownership of tourism resources belongs to the state, the management right belongs to the government and the management right belongs to the scenic spot) and the protection of intellectual property rights of tourism products also needs to be clearly defined in law. The conclusion is that the promulgation of Tourism Law will play an important role in promoting the sustained, rapid and healthy development of tourism, better promoting the adjustment of industrial structure, expanding domestic demand and better protecting the legitimate rights and interests of tourism operators and tourists.
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