Traditional Culture Encyclopedia - Travel guide - When traveling with parents during the holidays, what laws are there to protect our safety?
When traveling with parents during the holidays, what laws are there to protect our safety?
"Tourism Law of the People's Republic of China", "Regulations on the Management of Tour Guides" and "Regulations on Travel Agencies"
1. Tourism Law:
Narrow sense The Tourism Law refers to the Basic Tourism Law enacted by the National People's Congress and the Standing Committee
The Tourism Law in a broad sense refers to the legal norms formulated or recognized by the state to adjust various social relations arising from tourism activities. General term
2. The subject of the tourism legal relationship: refers to the participant in the tourism legal relationship, a natural person or organization that enjoys legal rights and assumes legal obligations in the tourism legal relationship in accordance with the law.
3. The origin of tourism law: refers to the various external manifestations of tourism legal norms, including constitutions, laws, regulations, ordinances, decrees and regulations, etc.
4. Tourism The object of the legal relationship: It is the object to which the rights and obligations between the subjects of the tourism legal relationship are directed. It includes things, behaviors, and intellectual achievements.
5. Tourism legal relationship liability: refers to all the adverse consequences of compensation, compensation, and punishment that a person must bear for the damage caused by his/her implementation of anti-tourism laws and regulations or violation of the travel contract.
6. The difference between legal compensation and legal sanctions:
(1) The implementation carriers are different. Compensation is mainly property, and sanctions are mainly personal.
(2) The purpose and effect are different. The purpose and effect of compensation are directed at the victim, while the purpose and effect of sanctions are directed at the responsible party.
(3) The establishment basis is different. Although the establishment of compensation and sanctions are both based on objective behavior, the basis for the establishment of compensation is mainly based on objective damage consequences. The basis for sanction identification is mainly subjective fault. Although objective damage is also considered, the purpose of consideration is to determine the degree of subjective malignancy. Sometimes, although there is no objective damage in a behavior, sanctions can be imposed based on the subjective malignancy of the behavior.
7. Characteristics of Tourism Law:
(1) Adopt a comprehensive legislative model. The content is comprehensive, highlighting the protection status of tourism law, strengthening the normative function of tourism law, and giving full play to the role of tourism law.
(2) The legislative purpose is to protect the legitimate rights and interests of tourists. The system for protecting the legitimate rights and interests of tourists, the protection of the legitimate rights and interests of tourism operators, and the protection system for the legitimate rights and interests of tour guides have been determined.
(3) The Tourism Law is fully connected with current laws and international practices, and fully takes into account the coordination and connection with my country's relevant laws and regulations.
8. Elements of tourism legal relations:
① Subject: refers to the participant in the tourism legal relationship, a natural person who enjoys legal rights and assumes legal obligations in the tourism legal relationship in accordance with the law. or organization.
②Object: It is the object to which the rights and obligations between the subjects of the tourism legal relationship are directed. It includes things, behaviors, and intellectual achievements.
③Content: The content of tourism legal relations refers to the rights enjoyed by tourism subjects and the obligations assumed by law. It determines the essence of tourism legal relations. All subjects in tourism legal relationships have rights and must perform obligations
9. Types of tourism legal liabilities:
(1) Civil liability is caused by violation of civil legal provisions or breach of contract. The legal liability that should be borne mainly includes tort liability and breach of contract liability.
(2) Administrative liability is the legal responsibility that should be borne due to violation of the administrative regulations of the year. It is manifested as property liability or personal liability. It is the state administrative agency’s responsibility for the property, certain qualifications or personal liability of the administrative offender. Free punishment.
(3) Criminal liability is the legal responsibility that a person who commits a crime should bear due to a violation of the provisions of the criminal law. It is the most serious legal liability.
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