Talk about your understanding, views or suggestions on the Tourism Law of the People's Republic of China.

On August 3 1, the Draft Tourism Law of the People's Republic of China (hereinafter referred to as the Draft) was published on the website of China People's Congress for public comments. There is a lot of controversy about the draft. Recently, the focus of media attention has focused on the discussion of its defects. For example, the draft stipulates that "travel agencies are not allowed to attract, organize and receive tourists at a price below cost", and how to define and who will identify "below cost" has become the focus of debate; "No designated shopping place" is also said to be difficult to achieve in actual operation; In view of the illegal acts of travel agencies, the heaviest punishment is a fine of less than 200,000 yuan, which is accused of only providing administrative punishment and lacking criminal punishment. But from another perspective, what is the significance of the promulgation of the Tourism Law for tourists, practitioners and tourism enterprises is also a problem worthy of attention. The ultimate goal of the discussion is to promote the improvement and early adoption of the draft. To this end, the reporter interviewed the drafter of this law. In the eyes of several senior industry researchers, the release of the draft is of great significance and there are many highlights.

Wei Xiaoan, director of the Academic Committee of china tourism academy, believes that the draft is the expectation of China tourists for more than 30 years, the wish of 60 million people in the national tourism industry, the guarantee of people's right to life and rights and interests, and the guarantee of improving the tourism quality of hundreds of millions of inbound tourists every year. Without legal provisions, the status of tourism can not be implemented, the rights and interests of tourists can not be guaranteed, and tourism enterprises have been growing in a discriminatory environment. "If the manufacturing industry solves the shortage and the service industry improves the convenience, then tourism is the carrier of happiness. Happiness needs to be guaranteed. From the perspective of tourism, it is especially necessary to introduce a tourism law. " Wei Xiaoan said.

Professor Han Yuling from Beijing Foreign Studies University also believes that tourism is a major event related to the well-being of our people. In order to make this industry develop healthily, there must be legal protection. "It is of great significance to introduce the tourism law at this stage."

One of the highlights: the comprehensive legislative model is the best choice at present.

"Although the published Draft still does not quench my thirst, as a scholar who has studied the legal issues of tourism development for more than 20 years, I still hope that this law can provide more content and solve more problems, but objectively speaking, no matter the legislative model adopted, the framework structure and the main contents of the regulations are wonderful." Professor Han Yuling from Beijing Foreign Studies University said.

Comprehensive legislative model is the best choice at present. According to incomplete statistics, about 60 countries in the world have enacted tourism laws, and their legislative models include comprehensive legislation model, organization law model, contract law model and promotion law model. Generally speaking, the content of the comprehensive legislative model is comprehensive, covering the principles of development, promotion, the functions and powers of the tourism authorities, tourism services, the behavior of tourists and tour operators, and the supervision of the tourism market. Han Yuling believes that its advantage lies in that "in the same law, the most fundamental and important issues in the development of a country's tourism industry can be included, and the cost of legislation is low and the effectiveness is high. In view of the reality of China's political system, legal system and legal environment, it is best to choose a comprehensive legislative model. "

Highlight 2: Protecting the legitimate rights and interests of tourists is the main line.

"When studying the tourism laws and regulations of 30 countries and regions with relatively developed tourism industry and corresponding representative tourism legislation, we found that since the beginning of 2 1 century, the regulations for tourists in various countries have increased in legislation or revision of laws." Han Yuling said. For example, the Tourism Law of Vietnam and Laos promulgated in 2005 has a special chapter for tourists. Chapter III of the Russian Tourism Law revised in 2009 stipulates the rights and obligations of tourists; The Mexican Tourism Law, which came into effect in 2009, also has a special section to stipulate the rights and obligations of tourists. Including the American Tourism Promotion Act, which came into effect in 2007, and the Basic Law for Building a Country through Tourism, which was revised and promulgated in 2006, all raised the development of tourism to the height of creating a happy living environment for citizens and meeting their growing needs. The draft has a special chapter in the chapter, and the whole law embodies the protection of tourists' rights and interests from the aspects of regulating the market, regulating business practices and qualifications, and stipulating tourism safety.

At the same time, it also stipulates the obligations of tourists and the rights of operators, with the ultimate goal of better protecting the legitimate rights and interests of tourists. Tourism consumption has its particularity. It is necessary to standardize the behavior of operators, stipulate the rights of tourists and stipulate the obligations of tourists. Because to achieve the purpose of participating in tourism activities, the cooperation of tourists is often needed. Tourists fail to fulfill their corresponding obligations, irrational consumption, improper rights protection, and ultimately their rights and interests will be violated. In this sense, stipulating the obligations of tourists not only reflects the consistency of rights and obligations, but also aims to better protect the legitimate rights and interests of tourists. Therefore, the Tourism Law not only regulates issues such as zero negative tour fare and low-price sales, but also regulates special tourism service contracts. It also stipulates the supervision and right relief of the tourism market, which embodies the legislative thinking that legislators hope to create a good market scope and protect the legitimate rights and interests of tourists.

Highlight 3: planning into the law

Wei Xiaoan believes that in the long run, China's tourism industry is facing a situation of great development. Development includes total growth, structural optimization and level improvement. It is predicted that the total investment in tourism in China will reach 5 trillion yuan in the next five years, which reflects the real determination and strength of all localities in tourism development. "How to get money, how to spend it and how to earn it will inevitably become a prominent problem in the future, which requires the guidance and promotion of tourism planning, which has become the leader of development." Wei Xiaoan said.

Wei Xiaoan pointed out: "Incorporating planning into law as a separate chapter is very unique, innovative and controversial in China." In practice, China's tourism planning and tourism development are basically synchronized. In the process of development, accumulating experience and cultivating talents have played a great role in practice, and many places have put forward "no planning, no construction". In this process, a large number of foreign experts intervened, and the expert group arranged by the World Tourism Organization compiled seven provincial tourism plans. "In the practice of mutual communication, I deeply feel that this model is a good model. From the perspective of development, as a large developing country, the demand for tourism planning, planning and design will still exist for a long time, so it is necessary to regulate it. The main body of constraints and norms is mainly governments at all levels. It is through legal means that local governments can reduce blindness, avoid investment impulses and achieve better results in developing tourism. But also has a good demonstration effect and reflects scientific development. Therefore, although it has China characteristics, it is also a common experience. " Wei Xiaoan said.

"There is no doubt that tourism is of great significance for adjusting industrial structure, promoting consumption, transforming economic development mode and improving people's quality of life. However, if we don't pay attention to orderly development and use resources under the premise of protection, we may eat the rice of our ancestors and break the road for our children and grandchildren. " Han Yuling said that the forthcoming tourism law is conducive to regulating the development and utilization of resources. On the premise that there are 28 laws related to resources in China, the draft further proposes that resource development should fully reflect the above ideas under the premise of unified development planning.