What is the scope of application of the Tourism Law?

I. Geographical scope of application of this Law

This article clearly stipulates the geographical scope of application of the Tourism Law. As a domestic law, the effect of tourism law is limited to China's tourism activities and tourism business activities. First, tourism activities in China mainly include domestic tourism activities of China citizens and inbound tourism activities of foreign tourists; 2. This Law is applicable to the whole process of organizing outbound tourism activities by travel agencies and other operators in China, that is, the management of sending tour leaders, the supervision and dissuasion of overseas tour guides and tourists, and the arrangement of tourism activities. For individual outbound tourism activities, People's Republic of China (PRC) Exit and Entry Administration Law and other relevant laws are mainly applicable. It should be pointed out that tourists should abide by the laws of relevant countries or regions when traveling abroad. At the same time, according to the principle of personal jurisdiction, this law also proposes that some tourism activities and behaviors of China citizens abroad should abide by the relevant laws and regulations of our country, and tourists should also abide by them. As for the meaning of exit and entry, Article 89 of the Exit and Entry Administration Law has made specific provisions, namely: exit refers to going to other countries or regions from the mainland of China, going to the Hong Kong Special Administrative Region and the Macao Special Administrative Region from the mainland of China, and going to Taiwan Province Province from Chinese mainland; Entry refers to entering the mainland of China from other countries or regions, entering the mainland of China from Hong Kong Special Administrative Region and Macao Special Administrative Region, and entering Chinese mainland from Taiwan Province Province.

Second, the scope of the subject's behavior to which this law applies.

According to the provisions of this article, the objects of tourism law adjustment mainly include two categories: one is engaged in tourism activities such as sightseeing, vacation and leisure; The first is to provide related services for these tourism activities. As far as the scope of the subject is concerned, this article does not clearly stipulate the subject to which this law applies, so all units and individuals engaged in the above activities shall abide by this law. With regard to the scope of behavior, in addition to tourism activities and business activities with specific purposes such as sightseeing, leisure and vacation, because tourism involves a wide range, including eating, living, traveling, shopping and entertainment, this Law stipulates that the business activities of other industries that provide related services in tourism activities are also included in the scope of adjustment of this Law. Although the above scope of application is wide, the application of tourism management behavior and tourism service contract focuses more on regulating the behavior of soliciting, organizing and receiving tourism activities. This provision mainly takes into account the serious unfair competition in China's tourism market at present, especially the problems that seriously damage the rights and interests of tourists, such as "zero negative tour fee" and forced shopping, mainly appear in organizing group tourism activities, so this law has made more targeted provisions on this. For self-help tours, go on road trip and other individual tourists to participate in tourism activities, the relevant legal relations can be adjusted through the Consumer Protection Law, the Contract Law, the Tort Liability Law and other relevant civil laws. At the same time, the provisions of this law on the rights and obligations of tourists and the protection of tourists' safety also apply to the relevant legal relations of individual tourists in tourism activities.

In addition, it should be noted that this law does not define what tourism is. The main considerations are: there are various forms of tourism, and it is difficult for all parties to form a relatively consistent opinion on how to define it. There is no accurate definition of tourism in the legislation of all countries in the world, and only the World Tourism Organization defines tourists. However, because it belongs to the statistical category, there is a certain gap between it and the general public's cognition and understanding of tourism, so it is not appropriate to directly take it as the definition of tourism and embody it in the law.

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