Traditional Culture Encyclopedia - Travel guide - Briefly describe the state’s protection of tourists’ legitimate rights and interests

Briefly describe the state’s protection of tourists’ legitimate rights and interests

Legal Subjectivity: The meaning and characteristics of tourists’ legitimate rights and interests (1) The meaning of tourists’ legitimate rights and interests Tourists’ legitimate rights and interests are the core issue we want to discuss, and its final solution is related to the tourism industry development. So, what are the legitimate rights and interests of tourists? First, we need to clarify what the legitimate rights and interests are. "Rights can be understood as interests recognized and protected by law. No matter what the specific object of rights is, rising to an abstract concept, for the rights subject, it is always an interest or must contain some kind of interest. And obligations are Burdens or disadvantages. “Rights are therefore to some extent equated with benefits. Based on the above statement, we can define legitimate rights and interests as: they refer to the interests or rights enjoyed by citizens that are protected by law and cannot be illegally infringed. Based on the above definition of tourists, we describe the legitimate rights and interests of tourists as the interests or rights of tourists that are protected by national tourism laws, regulations, rules and related systems and cannot be illegally infringed. (2) Characteristics of tourists’ legitimate rights and interests First, tourists’ legitimate rights and interests are time-limited. Legal rights and interests are enjoyed by legal subjects, so legal rights and interests are based on the existence of legal subjects. The legitimate rights and interests of tourists are legal rights and interests, which are also based on the existence of tourists. However, tourists are not permanent individuals, but are time-limited individuals. You can be a tourist only when you are traveling, and you cannot be called a tourist during non-traveling periods. Similarly, the legitimate rights and interests of tourists are created with the emergence of tourists and will be eliminated with the elimination of tourists. The elimination of tourists will inevitably lead to the termination of tourists' legitimate rights and interests, which is the essential feature that distinguishes tourists' legitimate rights and interests from other legitimate rights and interests. Second, tourists’ legitimate rights and interests are always closely related to travel agencies. If tourists travel through travel agencies and enjoy travel services, then travel agencies should assume the obligation to protect the legitimate rights and interests of tourists. If the legitimate rights and interests of tourists are damaged due to the travel agency's responsibility, the travel agency must bear corresponding responsibilities. It can be said that the legitimate rights and interests of tourists who travel through travel agencies are at least partially damaged by travel agencies. Third, tourists’ legitimate rights and interests are dual in nature. The legitimate rights and interests of tourists have the characteristics of general legitimate rights and interests, but also have their own particularity. It usually includes both spiritual rights and material rights, while general legal rights may only involve spiritual rights or only material rights, and do not have duality. For example, in a sales contract, whether it is the buyer or the buyer, or both parties violate the provisions of the contract, the result is usually a loss of property interests, and does not include the loss of spiritual interests. This is a significant difference between the legitimate rights and interests of tourists and general legitimate rights and interests. Fourth, the complexity of methods to protect tourists’ legitimate rights and interests. Because the legitimate rights and interests of tourists are dual in nature, their protection methods are complicated. Whether it is national legislation or the formulation of industry standards, both the spiritual rights and interests of tourists must be considered, as well as the material rights and interests of tourists. Only the comprehensive protection of the two legitimate rights and interests can fundamentally protect the legitimate rights and interests of tourists. Otherwise, it will be top-heavy and focus on one thing but not the other. (3) Contents of tourists’ legitimate rights and interests Tourists’ legitimate rights and interests are complicated and complicated, and laws and regulations cannot cover everything. At this stage, we can only adopt relevant regulations to protect the most important legitimate rights and interests of tourists. According to the provisions of laws and regulations, the legitimate rights and interests of tourists mainly include: first, the tourist's right to know; second, the tourist's right not to be defrauded, among which the main types of fraud are tourism prices, standards and service content; Thirdly, tourists’ right to life and health; fourthly, tourists’ right to enjoy agreed services; fifthly, tourists’ right to claim compensation for damages and litigation rights, etc.