Tourism building of the legal system in China

1. China Tourism managing the progress of the building of the legal system has basically formed brigade Tourism is relying on, strong industrial relevance, it must be the healthy development of the legal system to protect. Since reform and opening up rapidly growing tourism, the legal system has experienced from scratch and accelerate the establishment, gradually strengthen the process. Especially the "Ninth Five-Year" after that with the rapid development of tourism and tourism also changing the legal system to promote the country as a major tourist country in the world ranks. A tourism building of the legal system in China is accelerating the pace of tourism building of the legal system initially more for the performance management tools, with the pace of the state's legal system as a whole to promote and accelerate the development of the tourism industry, tourism development and management into speeding up the legal track, manage the work brigade has basically formed. The following main features: One, from a planned economy to a market economy in transition. "August 5," during the legal norms of tourism, and many are directly related to the operation of tourism enterprises are closely related, such as tourism prices, foreign exchange, tourism commodity production, the Exchange Price clearing, toilet charges, ticket prices, reflecting the planned economic system characteristics of the times; "September 5 "In the future, most of these projects because of the decentralization of tourism enterprises, legislation to regulate the content of succession management market access, market order, operating rules, the tourism administration functions to reflect the gradual change. 2, the individual elements gradually integrated in the transition. "August 5" period, Tourism Legislation regulating the content of the general comparison of a single, mostly targeted to a particular matter, such as travel agencies to improve the quality of tourist visa notification services to the guests the basic standards, complaints tourism, the Tourism Development Fund collection of travel products and sentinel production processing enterprises, tourism and security incidents reported handling procedures, reflecting the gradual establishment of the Tourism Council process. "Ninth Five-Year" after tourism legislation regulating the content of a clear trend in the consolidated, involving an area of laws, regulations markedly increased, such as management of travel agencies, tourist guides management, management of outbound tours. To travel abroad as an example, before the introduction of a number of normative documents, later in 1997 the department rules, in 2002, replaced by administrative regulations. 3, regulate areas gradually emerging from the traditional to the area. "August 5" period, the Tourism Council of hospitality and tourism to the basic operation of the main content, relatively focused on the travel agencies, hotels and other foreigners, tourism development since the start of the traditional industries; "Ninth Five-Year", the size of the tourism industry's rapid expansion, "Tourism" from concept to reality, the legislation would expand the tourist areas, such as the joint venture travel agencies, river cruise of stars, tourism drift management, standardization of tourism management, tourism planning, tourism statistics management, and excellent tourism cities. 4, mainly by administrative means to speed up the legal system. "August 5" period, the tourism regulatory documents are mostly in the form of standardized documents released, or even the State Council for approval issued no exception, according to incomplete statistics, released here travel regulations, normative documents up to 45, which accounted for a considerable number of the "notification" the form. "September 5," after the "legislation" the implementation of tourism to accelerate the legal work on track, released here normative documents were reduced by approximately 50%, and administrative regulations promulgated the two, "the travel agency management," "management of the tour guides"; "15", has a revised administrative regulations ( "Travel Agency Management Ordinance"), issued an administrative regulations ( "Chinese citizens travel abroad management approach") and five departmental rules, tourism legislative specifications, have the force of law has improved significantly. Second, some areas of the tourism industry of being the legal system has yet to have an integrated tourism law, but in recent years some areas of tourism has made great achievements legal system, travel agents initially formed the core of the tourism industry for the legal system. 1. Travel agencies tourism industry increasingly sound legal system building. Travel agents has been hailed as the industry leader, with the rapid development of the tourism industry, the rapid increase in the number of travel agents from the 1996 National 4252, to 10,532 in 2001. Travel agencies in a timely manner to strengthen market management and October 15, 1996 the State Council issued the first administrative regulations tourism - "Travel Agency Management Ordinance." For implementing the "Regulations" and the State Tourism Bureau developed a "travel agency regulations implementing rules", and has introduced some of the regulations and regulatory documents, such as "quality travel agencies margin provisional," and "travel agents insured travel agencies liability insurance," and "Travel Agency accreditation Manager management, "and" on the strengthening of the registration and management of travel agencies and the approval notice, "" strengthen and standardize the management of the travel agency's marketing department. "formed the core of the travel agencies for a relatively perfect legal system. China's accession to the WTO, for the timely adapt to the new changes in the situation, and accelerate the revised "Regulations travel agency" and more "foreign investment in travel agencies", the "Regulations" to include all types of travel agency management. 2. Guide management laws. Tourist guides organizers of the specific activities and services, tourism and hospitality, consumption is closely related to quality of service. The existing national guides 150,000 people, as well as the large number of seasonal temporary guides. On May 14, 1999, the State Council promulgated the "Regulations guide staff," This is the second part of the tourism industry regulations, a clear guide for the examination system, guided tours permit system guides grade rating, guided tours of duty and punishment, for the establishment of the political quality-perfect I. You contingent provided legal protection. To implement the "Regulations" and the State Tourism Bureau in August 1999 issued a "tour guide license management approach", in December 2001 issued a "guide to the implementation of the management staff," added a pair of guides classification management, registration systems, the management scorecard, the annual evaluation management, strengthen the right guide day-to-day management of staff. 3. Outbound tourism management gradually into the legal system. To strengthen the management of overseas travel, on July 1, 1997, approved by the State Council promulgated the "Chinese citizens travel abroad at their own expense Interim Measures." After five years of development, China's outbound tourism has reached 12.133 million passengers from non-official travel significantly accelerate growth. To adapt to the new developments in the situation, the State Council decided on July 1, 2002 implementation of the "Chinese citizens travel abroad management approach", which is the travel industry's third administrative regulations, from management to legal means in the direction of a major step forward. Under the new management methods, exit outbound tour operators from 67 expanded to 528; Then promulgated the "Chinese citizens overseas tourism service standards"; October 28, the National Tourism Administration issued the "outbound tourism manager personnel management approach" to management of outbound tours for more laws rules. Three local tourism building of the legal system has made remarkable breakthroughs in the local legal system is the National Tourism Tourism building of the legal system an important component part. "Ninth Five-Year", tourism as a new economic growth point for the rapidly growing local tourism also step up the pace of building the legal system to follow up. 1. Tourism Council provinces higher starting point. "August 5" period, the national level of tourism legislation was to standardize the document mainly to the provinces and municipalities, mostly on behalf of the government developed tourism regulations, according to statistics, only accelerate tourism development in 18 provinces there is a comprehensive management were two provinces. "Ninth Five-Year" period, in addition to 10 provinces, regulations promulgated by the government, 21 provinces, municipalities and seven separate deputy provincial cities issued a provincial people's congresses and regulations issued by local tourism (tourism management regulations). 2. The overwhelming majority of provinces and cities have developed tourism "Bill." On June 22, 1995, the first session of the Hainan Provincial People's Congress Standing Committee ratified the "Hainan Provincial Tourism Management Ordinance" and become a local tourist nationwide regulations. Thereafter, the provincial tourism has accelerated the pace of legislation, as of early November 2002, with the exception of Jilin, Qinghai, Tianjin, Shanghai, four provinces, 27 provinces have developed tourism "regulations" of the nation's provinces of the total 87% (except Taiwan); Xiamen, Qingdao, Shenzhen three separate City promulgated the "Regulations" of the nation's separate 60% of the total. In addition, Wuhan, Harbin, Zhengzhou, Guangzhou, Datong, Chengdu six major cities was also approved by the provincial people's congress issued a travel "Regulations." 3. Tourism Council adapted to the local tourism development needs. In addition to developing a comprehensive provincial government regulations, local regulations, but also introduced a number of more specific regulations and regulatory documents, related to tourism security, the establishment of branch offices, tourist resorts, tourist commodity production, tourism enterprise income tax return, tourist attractions charge Facility , the individual services, special tourism projects, and scenic spots on. At present, around to the rules of the WTO and, thus grasping the local tourism regulations changes, Hainan, Guangxi, and other provinces and cities have completed six amendments, Beijing, Shandong, Inner Mongolia, Hubei, Shaanxi, Yunnan and other provinces and autonomous regions have been 10 amendments included in the plan. It is believed that after joining the WTO to promote the accelerated development of the tourism industry will play an important role. 4, tourism intensify law enforcement and law enforcement levels were significantly increased "on August 5," since, as China's legal system and accelerate the process of building and tourism to the rapid expansion of the size of the market and strengthen tourism law enforcement was put on the important work schedule. Especially the "Ninth Five-Year", the tourism sector management functions with the changes in law enforcement practices substantial increase in tourism, tourism level of law enforcement there has been marked progress. 1. Tourism administrative law enforcement personnel has been steadily growing. "September 5," after, according to the needs of the development of tourism, the State Tourism Bureau was established by the Commissioner of Tourism Quality Supervision ( "Quality Supervision"), devoted to the admissibility of complaints tourism, the country gradually build a future national, provincial and tourist city three quality supervision network, now nearly Kong 1,000. One, the province is by the establishment of quality and technical supervision, Shaanxi, Yunnan, Qinghai, Ningxia four provinces in line with the quality and technical supervision by the Department of merger enforcement, 12 cities set up tourism enforcement (checking, monitoring) group, more than 100 other part of the quality and technical supervision have been given a certain administrative functions, the tourism industry as an important complement to the management of administrative law enforcement and tourism a major force. 2. Day-to-day enforcement of the increase in the volume of travel. Tourism inadmissible complaints and inspection business travel agencies, tourism is the day-to-day enforcement of the regular content. According to statistics, in 2001 the National Tourism acceptable levels of quality and technical supervision by the complaints (the statistics only 29 provinces, autonomous regions) 6966, 5738 formally accepted, closed 5417, closed 94%. In 2001, the travel agency business in the inspection, 1,142 travel agencies through the inspection was suspended, and were corrected by the deadline, warning notices of criticism, deadline rectification, and the closure of rectifying action of the Senate seizure of 10.85%; 293 did not pass the inspection, was canceled, their business permit or voluntarily closed, or a total of 2.79%. 3. Special enforcement activities tourism achieved remarkable results. "Ninth Five-Year", rectify order in the tourism market has been a focus. By the end of 1995 to 1996, against unlicensed and undocumented-operation with a focus on the scope of special treatment, and dealt with the illegal acts of Tourism Market 4093; The second half of 2000 to the first quarter of 2001, to concentrate on overseas travel market consolidation, key investigation linked travel agencies contracted, and the "black" and the super - the scope of operation, zero tour negative, false advertising; the first half of 2002 Counterfeiters and non-tourism market, we should have sent out inspectors to 26,000 passengers, 90,000 passengers inspection tour guides, site inspection rate of 60%, 1,700 illegal tour guides were points punishment, investigation a large number of violations of laws, against a tourism market dominate the market, force purchases and sales, bullying behavior off hunting, tourism market order and the environment has improved noticeably. Moreover, people's congresses at all levels in each of the special tourism law-enforcement inspection, supervision and promotion of the tourism administrative enforcement carry Tourism triggered by the administrative law enforcement some of the administrative reconsideration, administrative proceedings and urge further study tourism law enforcement officers, law, usage; Form held around a variety of tourism-enforcement training courses to enhance the level of law enforcement in tourism has also played its due role. Of course, due to rapid developments in the tourism industry, some of the existing travel regulations as it is difficult to keep up with the rapid development of tourism reality, coupled with countries have not yet introduced a "tourism law." Therefore, China's tourism building of the legal system there is a lot of work to be done, the industry needs to unremittingly efforts and explorations. 2. On China's tourism legislation and the lag of sound Sound Tourism Council is the development of tourism resources and tourism industries and the establishment of the sound development of the rule of law and protection premise. Tourism development is speeding up legislation and standardize order in the tourism market, and integrate its accession to the World Trade Organization objective needs, but also the establishment of a legal system for China's tourism and important steps. Many tourism more developed legal system and a relatively perfect state, tourism has formed a legal relatively complete system, a national legal system an important component part. Although China has been established with the Constitution as the basis, the sector as the backbone of the socialist market economic system of the basic legal framework, but from the perspective of the departments of China's tourism laws also are seriously lagging. This lag of the development of tourism has brought about a negative impact, there have been some enterprises to make money in the development of tourism resources under the guise of its environmental damage, prompted resources projects, tour operators disturb the market, against the legitimate rights and interests of tourists, the tourism industry of our country's sustainable development and a major tourist the establishment facing serious environmental challenges. This delay is mainly manifested as follows: First, the Basic Law and the Tourism Law single blank. Tourism Basic Law belongs to the legal system in China's Tourism "constitution" at all levels, all kinds of travel origin and the basis for legislation. Tourism's status and role of the Basic Law not only for tourism and the establishment of a legal system for the development of very important significance, but also for the overall development of China's tourism industry has also norms and guiding significance. But since since 1949, we had not yet developed a comprehensive system of the basic law or tourism separate legal. The Ninth NPC, there have been continual suggested that the government should formulate tourism law enacted as currently the most important task for the development of tourism, organize special forces to accelerate the tourism industry of building the legal system [1]. In fact, tourism Absence makes the whole Basic Law of the China Tourism building of the legal system in the "head" of state, local tourism also makes the lack of legislative activity to follow the legislative basis and principles. This situation is caused chaos in the order of the tourism market is one of the important causes. Two National Tourism Council is a smaller number of low-level, tourism legal system is not perfect. After China's reform and opening attaches great importance to the rule of law, but so far no one specific adjustment tourism relations laws, the State Council promulgated the adjustment of administrative regulations tourism relations only 3 [2], the State Tourism Bureau also issued travel regulations only six. Overall, the existing laws, regulations, no legislative level in the national tourism development principles and fundamental measures, but it is also not involved in the tourism industry in all aspects of the relationship between the effective binding and adjustments. Therefore, in China's Tourism in the legal system, laws, administrative laws and regulations as a social and public sectors in the number of products a serious shortage of supply, in order of the legislation at a relatively low level, and some administrative regulations and departmental rules and outdated legislation, as a simple, in principle, lack of maneuverability . Three local tourism legislation is fragmented and lacks uniformity and coordination. In recent years, some places in order to achieve security and the local tourism industry as the mainstay of status, unveiled a local tourism regulations. However, throughout the development of the market economy and the tourism industry to varying degrees, these local tourism legislation and regulations uneven level, different elements, and there are individual countries in contravention of the policy-oriented phenomenon. At the same time, the scope of its application were limited to the administrative region, which can not be achieved on the tourism resources of the western region integration, it is impossible to harmonization of interests between various regions, is unable to achieve inter-provincial and inter-regional cooperation in tourism between. Jurisprudence Principle tells us that the operation of law and the role played not only on a local law or legislation, improve but by a series of different categories at different levels, reasonable and orderly structure of the laws, regulations and rules common to play a role. Tourism Council should also be multi-level and all-round development. To strengthen and improve the tourism legislation, we must first proper coordination, "two" legislative relations. National legislation in the first place legislation to regulate the macro level and to guide local legislation; Local legislation should be coordinated with national legislation, national legislation in place to increase the adaptability of thinning national legislation operable; To mobilize "2" legislative initiative, and give full play to national legislation with local legislation regulating to protect, and guide the development of tourism resources and protection, the establishment of the tourism industry, tourism and the tourism market order maintenance management system in the creation and operation of the function and role. Second, we must accelerate the process of national tourism legislation. National legislation relates to the following levels of laws and regulations: First, improve the tourism environment laws. Such national Dafa is the focus of tourism development of the rule of law in solving the environmental problems. Relate to the main law of company law, anti - unfair competition law, the Price Law, Insurance Law, Health and Food Safety Law. These Dafa to the development of tourism macroeconomic environment plays a very important role. These laws are in place now need to be revised and improved. Two is to accelerate the development of tourism. Tourism is a standardized comprehensive tourism development entities and departments of France. While the law regulating the tourism industry as a "constitution", but also for tourism single law, the State Council and local tourism administrative rules and regulations to provide a legislative basis for tourism and guidance. Therefore, the Tourism Law on Tourism legal system, the establishment and development play a decisive role. According to the NPC deputies, "Travel Law" should focus on: "clear tourism in the national economy and social development status, identification of national tourism development principles and measures to establish rational development, scientific utilization of tourism resources and environmental protection system, which provides for brigade You are rights protection, "[3]. Three administrative law is sound tourism. This is determined by the State Council and promulgated administrative regulations, travel, usually to "regulations" and forms. State Department travel regulations as a strong general operability, establish procedures are unlikely to develop tourism laws less complex. At present, the main "management of the travel agency," "guides the staff management," "Scenic Area Management Ordinance." There are still some administrative regulations, such as taxation, immigration management, passenger transportation and other damages related to tourism, but these are not against tourism development in the tourism and specialized administrative regulations promulgated in the application with certain limitations, some not, in coordination with the amendments need further improvement. Law comparison with the other departments, tourism administrative regulations types and quantities is far from enough power to meet with tourism. It should be enacted and promulgated as soon as possible, "the development of tourism resources and the protection of the" "protect the interests of tourists," "Tourist Hotel Management Regulations", "tourism and travel insurance for the safety of" administrative regulations. Four departments are doing a good job of supporting regulations. This is separate from the State Tourism Bureau formulation or other departments of the State Council jointly developed specific adjustment of the tourism industry norms. Department regulations have been nearly 20, promulgated by the State Tourism Bureau 13. These regulations department of China's tourism industry is now in more than follow the norms, including some specific requirements and technical standards is to adjust the country's main tourism norms. Such travel regulations require further clean up, add, modify. Third, local legislative priority is to step up the formulation and promulgation of the local tourism, the tourism resource protection, tourism market conduct supervision and protect the interests of tourists and local tourism norms [4], thinning legislation targeted and maneuverability, expand local tourism legislation space; pay attention to the more mature by the government promulgated administrative regulations in a timely manner to stabilize the local laws and regulations. This can improve the local legislation, but also for tourism development and promulgation of the Basic Law of the local legislative accumulated rich experience. Reference: Network citizens and the rule of law