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Chinese Tourism Law and its Major Issues

  • DONG-A LAW REVIEW
  • 2014, (65), pp.69-102
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

KIM JUNG JIN 1

1동아대학교

Accredited

ABSTRACT

Recently China is worrying about China’s country image as well as the development of travel industry. With respect to travel industry, China has struggled against the problems for several years, that is to say (1) the absence of overall regulation associated with it, (2) the countermeasures about turning it into negative caused by travel of dumping, (3) a fall from grace for China sightseeing image, (4) weakening of the management and supervision of travel department. Particularly, ‘travel of dumping’ has positive aspect in that it provides domestic and oversea travel opportunity with a cheap price for travelers. However, it has negative aspect causing a fall from grace for China sightseeing image. It is also aggravating the profitability of travel agency stemmed from the uniformity of travel packages. To make matter worse, unlicensed tour guides are harming the order of travel market. The study examines, thus, Chinese Travel Act which is legislated in order to solve these problems. First of all, it studies the legislation background of previous travel related law, and examines the necessity and the purpose of enacting Chinese Travel Act. And then it prospects how the legislation of the Act has influenced the travel related patricians--such as traveler, travel agency, and tour guide—tourist site, and the protection of cultural properties. Lastly, it analyzes civil law problem in the current Travel Act related with the travel contract, and reviews its resolution together.

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