我国旅游合同立法研究.pdfVIP

摘 要 着国民生活水平的不断提高，我国旅游事业更是蓬勃发展，然而生活中的 旅游纠纷也不断涌现。旅游者的权利受到侵害时想维权的话往往苦不堪言；加之 相关立法的缺失使得法院在审理此类案件时也力不从心。全文对我国及域外的旅 游合同立法进行了研究，旨在为我国旅游合同法律制度的建立健全抛砖引玉。本 文首先对旅游合同的概念和特点进行了论述，接着就旅游合同的类型和法律性质 进行了阐述；其次介绍了域外的旅游合同立法情况并作了相应评析；再次分析了 我国旅游合同立法的现状并剖析了当前存在的主要问题；最后就《旅游法》第五 章提出了相应的修改意见。 【关键词】旅游纠纷 旅游合同 法律制度 1 Abstract With the national living standard improve, our country s tourism industry is blooming , however more and more tourism issue come to the fore. When the invaded travelers seek the help of law, it always does no work; also with the lack of legislation, the judge can not interrogate the cases. The thesis is researched on our country and extraterritorial legislation of travel contract, in order to consummate the system of our country s law. The paper first discuss the concepts and features of the travel contract, then expounds the type and legal nature of the travel contract; second, analysis the extraterritorial travel contract legislation and make a commentary analyze; third, analysis the status quo of the legislation of our country s contract and analysis the main problems; finally, make some suggestion upon the Fifth chapter of the Tourism Law. Key words travel issue; travel contract; the system of law 【 】 2 目 录 一、旅游合同概述············································································ 1 （一）旅游合同的概念与特点····························································1 1、旅游合同的概念····································································1 2 、旅游合同的特点····································································2 （二）旅游合同的类型·····································································3