Problems and shortcomings of current tourism laws and regulations

Mainly manifested in: the current tourism legal norms lack sufficient authority; Some regulations are unreasonable; The content is not detailed enough to be convenient to operate. Secondly, the tourism legal system is not complete.

At present, the tourism market is still an immature market, so there are many problems. From a macro point of view, the main

If: 1, the macro-control of tourism is weak. The administrative department lacks authority and strong macro-control.

Institutions. The traditional habits of departmental ownership and compartmentalization are hard to change, and local interests and local protectionism make

It is difficult to implement unified management of the market. At the same time, a series of supporting policies, laws, regulations and corresponding management measures

Can't keep up, industry management has neither "power" nor "magic". The current tourism system is difficult to adapt.

Under the requirements of modern enterprise system, especially state-owned tourism enterprises are facing the same problems as state-owned enterprises all over the country.

The problem is how to change the operating mechanism. 3. Tourism has developed to such a scale, but the Tourism Law

And tourism-related laws, such as Hotel Law, Tourism Safety Law, and Safety Management of Tourist Attractions.

The principle of law has not been introduced. It is in great contrast with the legal system of market economy in China.

Many problems in the development of tourism cannot be determined, and the status of tourism in the national economy cannot be legalized.

Long-standing controversial issues such as the scope of tourism industry management and the division of tourism management functions have not been resolved.

Microscopically speaking, due to the imperfect legal system, there are also many problems in the tourism market: the utilization between enterprises

Competitive behaviors such as stealing trade secrets, stealing enterprise names and harming enterprise interests by improper means; Sell counterfeit goods

Counterfeit and shoddy products infringe upon the legitimate rights and interests of tourists; Bad service attitude, deliberately making things difficult for tourists, reducing clothing without authorization

Business projects, change the itinerary; The tour guide does not guide or leave his post without authorization, causing personal and property losses to tourists; meals

The drinking quality is poor, it does not meet the hygiene standards, and even food poisoning occurs; "black guide", "black car" and "black"

Photography "disturbs the order of the tourism market; Vendors in scenic spots follow the trend and buy and sell hard, which leads to disorder in scenic spots.

These problems in the tourism market, whether macro or micro, are inherent between them.

Contact, from the legal point of view, these contacts have some legal characteristics, which may be transformed into law.

Legal issues. This is because each subject has rights and obligations clearly stipulated by laws and regulations. If there is a conflict between them,

Infringement of their legitimate rights and interests will cause legal problems. For example, the tourism administrative department in the macro-control, real

Management behavior infringes on the legitimate rights and interests of tourism enterprises and tourists, and the damage caused by illegal behavior will be borne by the operators.

Be liable for compensation; If the tourism enterprise fails to provide the agreed service standard to the tourists, it shall also bear the liability for breach of contract, if

Due to tourism professionals's personal reasons, the enterprise shall investigate the individual's legal responsibility; The tourists are sightseeing.

Illegal acts should also be punished by law 2; Similarly, if tourists' personal and property are damaged, they will also be required to pay compensation.

The person directly responsible shall bear legal responsibility, etc. Therefore, in a market economy and a country ruled by law, all the problems are

This may become a legal issue.