What are the three elements of tourism legal relationship?

The constituent elements of legal relationship refer to the necessary conditions for the formation of rights and obligations between the parties. This condition is the subject, object and content of legal relationship, which is called the "ternary theory" that constitutes legal relationship. This theory has become an "axiom" that constitutes any legal relationship. Tourism legal relationship is no exception, which is also composed of three elements: subject, object and content. \x0d\ (I) The subject of tourism legal relationship refers to the parties who participate in tourism legal relationship, enjoy tourism rights and undertake tourism obligations. In the legal relationship of tourism, the party who enjoys the rights is called the subject of rights, and the party who assumes the obligations is called the subject of obligations. However, in many cases, both parties in the legal relationship of tourism have both the right and the obligation to travel. As the subject of tourism legal relationship, it must have the corresponding subject qualification, that is, it must have the right ability and behavior ability. In China, the subjects that can be regarded as tourism legal relations are: (1) national tourism administrative organs at all levels; (2) Tourists, including domestic tourists and international tourists; (3) Business units of tourism enterprises, including travel agencies, tourist hotels, tourist transportation departments, tourist attractions, tourist shops, etc. ; (4) Overseas tourism organizations; (5) government departments closely related to tourism, including industry and commerce, public security, taxation, customs, gardens, cultural relics and other departments. \x0d\ (II) Object of tourism legal relationship The object of tourism legal relationship refers to the subject of tourism legal relationship in terms of rights and obligations. For example, monuments, temples, etc. are the objects of the legal relationship of visiting ancient times. In the legal relationship of tourism, if there are only subjects, rights and obligations, and there are no specific things that the rights and obligations point to, then the rights and obligations as the content of the legal relationship of tourism will be invalid, and it will be meaningless to establish the legal relationship of tourism between subjects. Therefore, the object of tourism legal relationship constitutes an indispensable element of tourism legal relationship. According to the provisions of China's Tourism Law, the objects that can be used as tourism legal relations include: 1. Material refers to all tangible material wealth that has certain economic value in law and is the object of real right in legal relations. Things are the most common objects in legal relations. As the object of tourism legal relationship, it mainly includes all kinds of tourism resources, all kinds of tourism Xiamen family hotel facilities and tourism consumer goods. 2. Behavior is a purposeful and conscious activity carried out by the subject of tourism legal relationship, which mainly includes service behavior and management behavior. For example, according to the travel contract, travel agencies provide tourists with a certain route of travel services, that is, taking service behavior as the object; Another example is the management activities exercised by the tourism administrative department on tourism enterprises, with management behavior as the object. 3. Scientific and technological achievements Scientific and technological achievements refer to the intellectual achievements obtained by the subjects of tourism legal relations engaged in intellectual activities, including patents, technical secrets and scientific inventions. , as well as product trademarks, enterprise name signs, management models, etc. The use and transfer of its ownership is paid, so scientific and technological achievements can also be used as the object of tourism legal relations. 4. Information refers to all kinds of news, data, information and materials that reflect the occurrence, changes and characteristics of tourism activities, such as the Golden Week tourism forecast information released by the National Holiday Office. Today is an information age, and tourism activities cannot be separated from a large amount of information. The importance of information determines that both government departments and tourism enterprises must strengthen the management, collection, collation, summary, analysis, transmission, storage and output of information resources. In this way, information will inevitably become another object of tourism legal relations. \x0d\ (III) Contents of tourism legal relations The contents of tourism legal relations refer to the rights and obligations that the subjects of tourism legal relations enjoy according to law. It is certain rights and obligations that link the subjects of tourism legal relations together. In the legal relationship of tourism, tourism rights and obligations are opposite and coexist. The subject of tourism legal relationship enjoys the rights stipulated by tourism laws and regulations, and at the same time must bear the obligations stipulated by tourism laws and regulations. When a subject's tourism right cannot be realized due to the behavior of other subjects, he has the right to request the state organs to protect it. 1. The rights and obligations of tourists are an important factor for the survival and development of tourism and an important subject in the legal relationship of tourism. As consumers, tourists should not only enjoy the rights stipulated in China's Consumer Protection Law (the right to protect personal and property safety, the right to choose goods and services independently, the right to respect personal dignity, national customs and habits, the right to fair trade, the right to obtain compensation, the right to know, the right to receive consumer education, the right to form an association according to law, and the right to supervise and criticize), but also enjoy the following rights: to travel in the specified area and enjoy various services. The right to sign various contracts with tourism enterprises; The right to claim that one's legitimate rights and interests are protected by law. Tourists' obligations in tourism activities mainly include: consciously observing relevant laws and regulations and social morality in China; Abide by various contracts signed with tourism enterprises; Pay reasonable fees for the travel services they enjoy. 2. Rights and Obligations of Tourism Enterprises Tourism enterprises are the backbone of the tourism industry and play an important role in tourism activities. According to China's laws and regulations, the rights enjoyed by tourism enterprises mainly include: the right to operate independently within the scope permitted by law, the right to enter into contracts freely within the scope of business, and the right to ask the competent authorities for protection when the legitimate rights and interests are infringed. \x0d\ At the same time, tourism enterprises should undertake corresponding obligations. As operators, tourism enterprises should not only undertake the obligations stipulated in China's Law on the Protection of Consumer Rights and Interests (performing according to law or agreement, listening to opinions, accepting supervision, ensuring personal and property safety, not making false propaganda, issuing corresponding vouchers and documents, providing goods or services that meet the requirements, not engaging in unfair and unreasonable transactions, and not infringing on consumers' personal rights), but also undertake the following obligations: abiding by various laws related to tourism, and. 3. Rights and obligations of the tourism administrative department According to the provisions of relevant laws and regulations, the tourism administrative department has the right to formulate relevant policies and regulations to guide the legitimate operation of tourism enterprises; Have the right to supervise the business activities of tourism enterprises; Have the right to coordinate the relationship between tourism enterprises and between tourists and tourism enterprises, and maintain a good tourism order. As the administrative organ of the government to manage the tourism industry, the tourism administrative organ should: abide by laws, regulations and policies in an exemplary manner; Administer according to law and exercise the right of tourism management within the scope prescribed by law; Compensation for losses caused by its violation of laws, regulations and policies. In addition, the tourism administrative department, on behalf of the country, should follow the principles of sovereign equality and economic mutual benefit in international tourism exchanges, undertake corresponding international obligations and enjoy corresponding rights endowed by international law.