The last May 19 is the 14th China Tourism Day. This year's theme is "Enjoy China and Live a Happy Life". Recently, the cultural and tourism department has taken this opportunity to carry out a series of publicity and promotion activities by combining offline and online, further stimulating the consumption potential of the tourism market and promoting the rapid recovery and development of the cultural and tourism market.
Tourism is an important part of a better life and an important driving force for economic development. At present, the tourism industry has a strong development trend, from the "village super" in Rongjiang, Guizhou to the Malatang in Tianshui, Gansu, from the ice and snow tourism in Harbin, which is popular all over the network, to the barbecue in Zibo, Shandong... The vast number of tourists feel the beauty of the mountains and rivers and the beauty of the culture of the motherland through tourism. At the same time, however, there are also some phenomena that infringe upon the rights and interests of tourists, such as the tour guides' forced shopping, and the home stay prices are raised at will, affecting the travel experience of consumers. Continue to boost the confidence of tourism consumption and make consumers feel more comfortable in tourism. It requires the joint participation of multiple subjects to jointly promote the high-quality development of the tourism industry.
Tourism operators shall standardize their operations. In order to protect the legitimate rights and interests of tourists and ensure the orderly operation of the tourism market, China has formulated and promulgated laws and regulations such as the Civil Code, the Tourism Law, the Advertising Law, the Travel Agency Regulations, and the Interim Provisions on the Management of Online Tourism Business Services, which have established basic norms for the signing of contracts, qualification recognition, advertising release, price determination and other behaviors of tourism market subjects. Whether it is operating travel agency business without qualification, or publishing false tourism information, or raising the ticket price of scenic spots without authorization, it violates the relevant business code of conduct, which not only destroys the normal operation order of the tourism market, but also damages the legitimate rights and interests of tourists. Tourism operators should bear the corresponding legal responsibility.
Relevant administrative departments should strengthen the supervision of tourism market. The vitality of law lies in its implementation, and the authority of law also lies in its implementation. Without the effective supervision of relevant government departments, it is difficult for any laws, regulations and rules to be consciously and actively observed by market subjects. Some operators take advantage of their own natural advantages in information, time and other aspects to circumvent legal provisions and seek illegal benefits. For example, some operators shorten the travel time, lower the level of accommodation, peddle counterfeit and shoddy goods, and some operators force tourists to shop by refusing to issue room cards and provide meals. Some tour guides even publicly abuse and beat tourists. For these illegal acts, the relevant departments should perform their regulatory responsibilities according to law, actively accept complaints, investigate and deal with illegal acts in a timely manner, incorporate the illegal information of operators into the credit records according to law, and release it to the society, so that the violators pay their due price, thus encouraging law-abiding business owners to protect the legitimate rights and interests of tourists.
The judicial organ shall promptly and impartially handle civil disputes and criminal acts in the tourism market. Tourism activities involve food, accommodation, transportation, travel, shopping, entertainment and many other links, and are greatly affected by adverse weather and other factors, so disputes and disputes are inevitable. For civil disputes, the people's court should, in accordance with the relevant provisions of the Civil Procedure Law, make full use of online trial technology, combine the characteristics of tourism consumption disputes, quickly accept, quickly judge, and quickly implement, and actively and steadily resolve disputes. For criminal acts in the tourism market, the judicial authorities should, according to the characteristics of tourists' natural disadvantages, especially when they are in special regions such as deserts and forests, illegal tourism practitioners can force tourists to accept their shopping or other non specific requirements by eyes, words, gestures, etc. without taking conventional compulsion. For such suspected crimes, the judicial authorities should accurately identify them according to law, promptly and impartially try them, and standardize the order of the tourism market.
Tourists should consume rationally and safeguard their rights according to law. Tourism is not only a consumption behavior with certain spiritual attributes, but also an economic behavior. The costs and benefits of transactions between tourists and tourism operators should be basically equal. Tourists should rationally judge the risks of publicity and advertising that are significantly lower than the cost of tourism services. In the process of tourism, if tourists think that the operator's service does not conform to the contract and there is illegal act, they should collect evidence on the premise of ensuring their own safety, and strive to negotiate with the operator on the spot for a quick solution; If the negotiation fails, they can complain to the cultural and tourism department and request mediation, and file a lawsuit to the people's court to safeguard their legitimate rights and interests. Of course, when safeguarding their own rights and interests, tourists should take a peaceful way to avoid taking extreme actions such as dominating aircraft and ships, so as not to violate the law.
Tourism bears people's beautiful yearning for poetry and the distance. It is expected that all parties can raise awareness, take effective measures, effectively protect the legitimate rights and interests of tourists, fully release the tourism consumption potential, promote the formation of a good order in the tourism market, and continue to promote the high-quality development of tourism.
(The author is the deputy director of the Center for Cultural and Tourism Policies and Regulations of Beijing International Studies University)
