《旅行社管理条例》立法问题献疑

A Discussion on Legislative Issue of Travel Agencies Regulations

《旅行社管理条例》颁布实施10余年来,对规范旅游市场秩序、促进旅游业发展有显著成效,但其关于旅行社设立分社的规定存在立法缺失,对交纳质量保证金问题的规定也可作不同理解,而有关投诉处理的限制性规定也过于笼统,缺乏可操作性。这些问题的存在,客观上带来了旅游行政部门越权管理、旅游企业权益受到损害的后果。因此,《条例》的立法技术尚不够完善,立法水平有待提高。

Notable achievements in the regulation of market order and promotion of tourism have been witnessed after the promulgation of Travel Agencies Regulations more than a decade ago. However, there are deficiencies in provisions on the establishment of travel agency branches in the Regulation, and different explanations maybe exist on guaranteed capital. In addition, restrictive provisions on complaint handling are too general to have maneuverability. The existence of the above problems inevitably brings such consequences as management in excess of authority in tourism administration departments as well as damaging to tourist enterprises＇ rights and benefits. For that reason, it is clear to us that legislative technology of the Regulation needs to be perfected and there is still some room to improve its legislative standard