旅游合同中的惩罚性赔偿研究民商法学专业毕业论文.docx

1 1 2 2 Abstract With the development of economy and society, the pace of life is speeding up. In modern society, traveling has already becomes a main life way by which people can relieve pressure and improve the quality of life. But in tourism activities, due to the profit-seeking nature of tour operators, the rights and interests of tourists are generally and seriously violated by them. In practice, because of the disadvantaged position of tourists and high cost of rights protection, safeguarding rights is difficult for tourists. Tourists who have difficulties in protecting rights tend to give up their rights, which make the illegal cost of tour operators extremely low. As a result, the rights and interests of tourists are violated more unscrupulously. We everyone are potential tourists, so the social harmfulness of tourism operators illegal acts is very great. However, current legal system of our country only admit tourists’ rights to claim compensatory damages, which make the tourists cannot obtain a full compensation even though they win the lawsuit. In the opinion of the author, in order to fundamentally curb tourism operators wanton infringement behavior, it is necessary to introduce punitive damages system into the travel contract. This paper consists of four parts. In the first part, the author set forth the connotation and function of the punitive damages system, academic circles dispute about punitive damages system in our country and punitive damages systems existence value. In this part, the author come to the conclusion that punitive damages system has nature of private law, and consider that the punitive damages system can fully implement and strengthen the function of tort liability law, conforms to the new concept of justice, and unjust enrichment will not occur. In the second part, the author analyzes the necessity and feasibility of punitive damages in the travel contract. In this part, the author expounds the present situation that the rights and