What is the most basic condition for the legal act of tourism to take effect?

(1) The object of tourism legal relationship mainly

The object of civil legal relationship refers to the same thing that the civil subject enjoys civil rights and undertakes civil obligations.

The object of civil legal relationship determines the purpose of civil subject activities. If there is no object, the rights and obligations of the subject cannot be embodied and implemented.

The main objects of civil legal relations mainly include:

(1) things

As the object of civil legal relationship, things can be natural things or labor creations, but they not only have physical attributes, but also have legal attributes, that is, things in civil law should generally have the nature of property.

As an important part of the object of civil law adjustment is the property relationship between equal subjects, most civil legal relationships are based on property (such as buying, selling, leasing, lending and other legal relationships are based on property). In civil law, the object can also be called the "subject matter", and if the object is a thing, it can be called the "subject matter" customarily.

(2) Behavior

As the object of civil legal relationship, behavior refers to the activities carried out to meet the interests of others, mainly to provide labor and services (such as transporting goods and completing work).

The object of contractual relations such as storage, transportation, processing contract and performance is behavior.

(3) Intellectual achievements

Intellectual achievements are spiritual wealth created by mental labor, such as inventions and literary works. Intellectual achievement is an intangible property and the object of the legal relationship of intellectual property.

(4) Personal interests

Personal interests include life and health, name, reputation, honor and so on. Personal interests are the object of the legal relationship of personal rights.

In addition, the object of some civil legal relations can also be a civil right (for example, the object of the right pledge relationship is a right) or a civil obligation (for example, the object of the debt transfer contract is even the debt transfer).

Subject, content and object constitute a complete civil legal relationship, and these three elements are interrelated, interdependent and indispensable.

⑵ Tourism service contract is a civil legal act between tourists and tour operators. Why is it wrong?

Refers to the contract dispute or infringement dispute between tourists, tour operators and tourism auxiliary service providers due to tourism. The following damages are included in the scope of tourism complaints: 1. That the tour operator fails to perform the contract or agreement; 2. It is considered that the tour operators have not provided the service of price and quality; 3, that the tourism operators intentionally or negligently caused personal injury to the complainant.

⑶ Briefly describe the significance of tourism legal interpretation in combination with practice.

The significance of tourism legal interpretation;

First, legal rules are abstract, general and limited, and bridges need legal interpretation to apply to specific people and things;

Second, the legal provisions themselves are vague, contradictory and lacking, which can be modified through legal interpretation;

Third, the law cannot change constantly, and social life and people's understanding are constantly developing and changing. Therefore, legal interpretation can not only maintain the stability of the law, but also make the law adapt to changes in various situations;

Fourth, China has a vast territory, a large population, many nationalities and great regional differences, so the contradiction between the universal provisions of the law and the special adjustment is particularly prominent, which makes the legal interpretation have special significance;

Fifth, in order to protect the legitimate rights and interests of tourists and tour operators, standardize the order of the tourism market, protect and rationally utilize tourism resources, and promote the sustained and healthy development of tourism.

In a word, legal interpretation is not only the premise of law enforcement, but also a way to develop the law. The significance of legal interpretation lies in determining the meaning of legal rules, filling legal loopholes and supplementing the value of unclear legal provisions and general clauses.

(4) What is the procedure for the tour group to terminate the contract?

First, the meaning and characteristics of contract termination

The termination of a contract refers to the act of destroying the contractual relationship because of the expression of will of one or both parties when the conditions for the termination of the contract stipulated by law are met after the contract is effectively established. The termination of the contract has the following characteristics:

1. The dissolution of the contract is applicable to legal and valid contracts. There is no question of dissolution until the contract comes into effect, and invalid contracts and revocable contracts will not be dissolved.

2. The termination of the contract must meet the conditions stipulated by law. Once the contract comes into effect, it is legally binding. Except as provided by law, the parties shall not terminate the contract at will. The conditions of contract dissolution stipulated by Chinese laws mainly include agreed dissolution and legal dissolution.

3. The termination of the contract must be terminated. In other words, the contract cannot be automatically terminated if it meets the conditions for dissolution stipulated by law. No matter which party has the right to terminate the contract, the party who advocates the termination of the contract must express its intention to terminate the contract to the other party in order to realize the legal consequences of the termination of the contract.

4. The termination of the contract will eliminate the contractual relationship from the beginning or in the future. That is, the termination of the contract is either regarded as no contractual relationship between the parties, or the remaining rights and obligations of the contract are no longer fulfilled.

Although the termination of the contract and the contract with termination conditions both make the contract disappear when the termination conditions are met, there are certain differences between them, mainly in the following aspects:

1, with termination conditions, is the expression of the actor's intention to attach restrictive supplementary remuneration to his own behavior; The dissolution of a contract is not an accessory to the contract, but it is based not only on the agreement of the parties, but also on the provisions of the law.

2. A contract with termination conditions is naturally terminated when the conditions are met, and the parties do not need to express any meaning; The termination of the contract can not be based on conditions alone, but must have the intention to terminate the contract.

3. A contract with termination conditions will lose its validity in the future when the conditions are met; When the contract is dissolved, it will not only lose its validity in the future, but also have retrospective effect.

Second, the type of contract termination

Generally speaking, the termination of a contract can be divided into two forms: agreement termination and legal termination.

1. Termination by agreement refers to the legal act that the parties voluntarily terminate the contract through negotiation or agreement. The dissolution of the agreement can be divided into the following two situations: first, the dissolution by negotiation means that after the contract comes into effect, but before it is not fulfilled or not fully fulfilled, both parties reach an agreement to dissolve the original contract. Dissolution by negotiation is a legal act of both parties, and the procedure of contract conclusion should be followed, that is, both parties should reach an agreement on the intention of dissolving the contract, and the original contract is still valid until an agreement is reached. The second is the termination of the agreement. Termination by agreement means that the parties agree in the contract that one or both parties can terminate the contract if something happens during the performance of the contract. The right of revocation can be agreed upon when concluding a contract or during the performance of the contract. When the conditions for terminating the contract arise, the party entitled to terminate the contract may exercise the right to terminate the contract without consulting with the other party.

2. Legal rescission refers to non-performance or non-performance after the contract comes into effect. When the conditions for rescission stipulated by law appear, the parties exercise the right of rescission and destroy the contractual relationship. The difference between legal rescission and agreed rescission is that legal rescission is the condition for terminating the contract directly stipulated by law. When the conditions are met, the obligee can directly exercise the right to terminate the contract. The dissolution of the agreement is a legal act of both parties, and the behavior of one party cannot lead to the dissolution of the contract. According to the provisions of the contract law, the legal circumstances under which a contract can be dissolved are:

(1) The contract purpose cannot be achieved due to force majeure;

(two) before the expiration of the performance period, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;

(3) One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged;

(4) One party delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; (5) Other circumstances stipulated by law.

In this article, the travel agency can terminate the contract because it does not reach the agreed number of people in the group tour, which belongs to the above-mentioned "other circumstances stipulated by law", that is to say, the termination of the contract stipulated in this article belongs to legal termination.

Three. General rules of contract termination

According to the provisions of the contract law, the following rules should be followed when dissolving the contract:

1. If one party claims to terminate the contract according to the conditions stipulated in the contract or the circumstances stipulated by law, it shall notify the other party. When the notice reaches the other party, the contract is terminated. If the other party disagrees, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract.

2. If the laws and administrative regulations stipulate that the termination of the contract shall go through the formalities of approval and registration, the parties concerned shall go through the relevant formalities according to law.

3. The time limit for exercising the right of cancellation shall be stipulated by law or agreed by the parties. If the parties fail to exercise their rights at the expiration of the time limit, the rights shall be extinguished. If the law does not stipulate or the parties have not agreed on the time limit for exercising the right of cancellation, and the right is not exercised within a reasonable time after being urged by the other party, the right shall be extinguished.

4. After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may demand restitution and take other remedial measures, and have the right to demand compensation for losses.

5. The termination of the contract does not affect the validity of the settlement and liquidation clauses in the contract.

Four, did not reach the agreed number of travel agencies to terminate the travel contract rules.

In group travel, if the travel agency terminates the contract because it does not reach the agreed number of people, it shall follow the following rules:

(a) in the group tour, because it is impossible to leave the group because it does not reach the agreed number, the group agency may terminate the contract.

According to business practice, when traveling with a group, the tour group should reach a certain number. This is because when the number of tour groups reaches a certain scale, travel agencies can get corresponding discounts from railway, aviation, hotels, restaurants, scenic spots and other service units, thus bringing certain business income to travel agencies, which is an important source of income for travel agencies. Generally speaking, travel agencies stipulate the number of tours in travel contracts. If the agreed number is not reached, the travel agency may terminate the contract from the perspective of safeguarding the legitimate income of the travel agency, but it shall notify the tourists in advance.

In this regard, the relevant international conventions and the laws of some countries and regions have made clear provisions. For example, as stipulated in Item 10 of Article 2 of the Brussels Convention on Contracts for International Travel, if the number of passengers does not reach the minimum number stipulated in the travel documents, the tour organizer may also terminate the contract without compensation, but it shall notify the passengers no later than 15 days before the start of travel or residence. The relevant laws of Taiwan Province Province also stipulate that if the number of tour groups does not reach 10, the travel agency can notify the tourists to cancel the contract 7 days before the scheduled departure and refund the fees paid by the tourists. However, the visa or other fees paid by the travel agency can be deducted.

This law follows commercial practices and draws lessons from international conventions and laws and regulations of relevant countries and regions. It clearly stipulates that if the group tour cannot leave the group because it does not reach the agreed number, the group tour agency may terminate the contract. At the same time, the notification procedure for the termination of the contract is stipulated, that is, the tourists are notified at least 7 days in advance for domestic tourism and 30 days in advance for outbound tourism. The requirement of advance notice not only helps to avoid more losses to tourists due to the termination of the contract, but also helps tourists to take countermeasures in advance, such as changing their itinerary or switching to other travel agencies.

(two) with the consent of the tourists, the travel agency may entrust other travel agencies to perform the contract.

In practice, when the number of tour groups is not reached, tour groups and tourists often want to continue to fulfill their travel contracts. At this time, tour groups often take the form of group work. According to the actual needs, this article stipulates that if the number of people who can't join the group can't reach the agreed number, the group travel agency may entrust other travel agencies to perform the contract with the written consent of the tourists. It should be noted that the premise of entrusting other travel agencies to organize groups is to obtain the written consent of tourists. If the tourists do not agree to entrust the travel agency to perform the contract due to distrust and other reasons, the package tour may not entrust the travel agency to perform the contract, but the contract may be terminated.

If the travel agency entrusts other travel agencies to perform the contract with the consent of the tourists, according to the principle of relativity of the contract, the travel agency should still be responsible for the tourists, and the entrusted travel agency should be responsible for the travel agency.

If the contract is terminated due to the failure to reach the agreed number of tour groups, the package tour agency shall refund all the fees charged for the non-performance of the travel contract to the tourists.

Relevant laws and regulations

Article 63 of the Tourism Law: If a travel agency attracts tourists to travel in groups and cannot leave the group because it does not reach the agreed number, the group agency may terminate the contract. However, tourists should be notified at least 7 days in advance for domestic tourism and at least 30 days in advance for outbound tourism.

If you can't leave the group because you don't reach the agreed number, with the written consent of the tourists, the group agency may entrust other travel agencies to perform the contract. The package travel agency is responsible for tourists, and the entrusted travel agency is responsible for the package travel agency. If the tourists don't agree, they can cancel the contract.

If the contract is terminated due to the failure to reach the agreed number of tour groups, the package tour agency shall refund all the fees charged to the tourists.

5] What are the legal responsibilities of tourism?

China is a country with the Constitution as the supreme law, which stipulates people's civil and criminal legal responsibilities.

New lesson:

Overview of legal liability

(1) Legal liability: the adverse consequences borne by the actor for violating legal obligations or contracts or improperly exercising legal rights and powers.

(2) Features

1, legal liability first refers to the liability relationship formed by violating the legal obligation relationship. It is based on the existence of legal obligations.

2, legal responsibility is also manifested as a way of responsibility, that is, bear the adverse consequences. The way of legal liability is stipulated by law, and there are usually two ways, namely compensation and sanctions.

3. Legal liability has inherent logic. Legal liability is caused by illegal acts, and there is a causal relationship between them.

4. The undertaking of legal liability is enforced by the state or potentially guaranteed.

(three) the conditions for the occurrence of illegal acts

1, subject

2. Failure

3, illegal behavior

4, damage the facts

5. Causality

Administrative responsibility in tourism activities

Political responsibility of brigade * *: the legal responsibility that the actor must bear if he violates the laws and regulations of brigade * *, but it does not constitute a crime.

According to the different subjects and objects, administrative compulsory measures can be divided into administrative punishment and administrative punishment.

administrative penalty

Types of administrative punishment

(a) penalties for violations of tourism management

(two) penalties for violation of public security management

(3) Penalties for violating industrial and commercial, administrative and financial management.

④ Penalties for violating the protection and management of tourism resources.

Forms of administrative punishment

Warning; Informed criticism; Ordering rectification within a time limit; Suspend business for rectification; Revocation of tourism business license; Reduce the level and cancel the star rating; Suspend the designation of foreign-related business qualifications and cancel the designation of foreign-related business qualifications; Detain the tour guide card and tour guide card, withdraw the tour guide card and tour guide card, and revoke the tour guide card; It is suggested that the administrative department for industry and commerce revoke the business license.

2. Administrative punishment

Warning, demerit recording, gross demerit recording, demotion, demotion, dismissal, probation and dismissal.

Civil liability in tourism activities

Civil liability: the legal liability that the actor should bear according to law because he violates the legal provisions or fails to perform the contractual obligations, which infringes on the civil rights of the counterpart or makes the civil rights of the counterpart impossible to realize.

Characteristics of civil liability

(1) Civil liability is a legal liability that violates civil legal norms.

(2) It is a legal responsibility of the infringer or the infringer to the victim.

(3) It is mainly a kind of property responsibility.

(4) The scope of its liability is commensurate with the size of the loss or damage caused, and generally has the nature of compensation and restitution.

2, the way to bear civil liability

Stop the infringement, remove the obstruction, eliminate the danger, return the property, pay the liquidated damages, restore the original state, eliminate the influence, restore the reputation, bring money as a gift and compensate for the losses. The above methods can be used alone or in combination.

Criminal responsibility in tourism activities

1. Criminal responsibility for tourism: The actor has committed acts that violate tourism laws and regulations or other relevant laws and regulations, and if the circumstances are serious enough to constitute a crime, he must bear the legal responsibility stipulated in the Criminal Law. Criminal responsibility is the most serious of all kinds of legal responsibilities.

2. Criminal law is divided into principal punishment and supplementary punishment.

Principal punishments: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty. Independent application

Additional punishment: fines, deprivation of political rights and confiscation of property. Can be used additionally, sometimes independently.

3. The criminal responsibility stipulated in China's criminal law can also be divided into property punishment and non-property punishment.

Property punishment: fines, confiscation of property (depriving criminals of part or all of their property)

Non-property punishment: freedom punishment (public surveillance, criminal detention, fixed-term imprisonment, life imprisonment), life imprisonment (death penalty) and political rights punishment (deprivation of political rights of criminals for a certain period or life).

For foreigners, China's punishment also stipulates the penalty of deportation.

What are the three characteristics of tourism legal relationship, the four conditions of legal behavior, and the management responsibility of travel agencies for tour guides?

Characteristics 1 are based on existing legal norms, 2 are social relations with rights and obligations, and 3 are social relations based on certain legal facts. Conditions: the actor is qualified, the will is true, the content is legal, and the form is legal. Responsibilities: 1 Training: 2 Signing a contract; 3 Establishing files; 4 Rating tour guides.

Once the fair trade right in what aspects of tourism regulations?

Tourism consumers have the right to fair trade according to law. Specifically, when consumers buy goods or receive services, they have the right to obtain fair trading conditions such as guarantee, reasonable price and correct measurement; Have the right to refuse the compulsory trading behavior of the tourist experience.

(8) Briefly describe the categories of tourism legal acts.

Tourism legal relationship is a kind of legal relationship, which refers to the relationship between the interests and obligations of all parties in tourism activities, which is confirmed and adjusted by tourism legal norms. In real life, social relations of one kind or another often occur between natural persons, legal persons and natural persons and legal persons. The social relationship formed by the subject of tourism legal relationship in tourism activities, once the tourism law is adjusted, has the content of tourism rights and obligations and becomes a tourism legal relationship. For example, the agreement in the travel contract is the legal relationship between the travel agency and the tourists.

Due to the extensiveness and relevance of the tourism field, the diversity of tourism legal relations is determined. Different tourism legal norms adjust different tourism legal relations, including the relationship between horizontal subjects (such as the relationship between tourism enterprises and tourists) and the relationship between vertical management and operation (such as the legal relationship formed by the tourism administrative department exercising management power over travel agencies in accordance with the Regulations on the Administration of Travel Agencies). At present, a large number of tourism laws and regulations in China are expressed in the form of tourism laws and departmental regulations. Obviously, the social relations adjusted by such laws and regulations are not all the relations between equal subjects.

Tourism legal relationship is generally generated around tourism activities, and can only be formed when there are corresponding tourism legal norms, behaviors of participants in tourism activities or other legal facts.

(9) What is the definition of terms in tourism policies and regulations, that is, to explain some professional terms?

Talent is the key to discovering tourism. With the acceleration of the information process and the integration of the world economy, the tourism industry in Zhejiang Province will face great opportunities for rapid development and more intense challenges. Therefore, it is of great practical significance and far-reaching historical significance to implement the strategy of promoting tourism by talents, vigorously develop tourism talent resources and comprehensively improve the comprehensive quality of tourism teams, so as to promote the sustained and healthy development of Zhejiang's tourism industry, promote its active participation in domestic and international competition, and realize the goal of Zhejiang becoming a strong tourism economy.