旅行社承包挂靠问题的诱因分析与法律规制

On the Analysis of Reasons regarding Contracting and Linking-up Problems in Travel Services and Legal Regulations

改革开放30多年旅游业发展进程中,旅行社行业普遍存在的承包挂靠经营成为严重扰乱旅游市场秩序且难以彻底整治的顽症。为了进一步提升旅游市场质量和秩序,充分保护旅游者的合法权益,这一问题需要我们采取有效对策加以解决。文章通过对我国旅行社承包挂靠现实状态的调查,从历史根源、外力影响、内力驱动及市场主体间的逻辑关系等几个方面分析了这一问题产生的主要诱因,并结合我国旅游法治建设的进程,从疏、堵、压三个维度提出了相应的法律规制措施,认为以疏导为主的规范、激励措施及有效的市场执法的结合是根治这一难题的基本出路。

During over 30 years of development of tourism industry since China＇ s reform and opening-up, contracting and linking-up operation that is ubiquitous in travel service industry has become a persistent ailment that seriously disturbs order of tourism market and hard to get it thoroughly rectified. In order to further improve the quality and order of tourism market, fully protect the legal interests of tourists, we need to adopt effective measures for solution. The paper, through investigation on the actual circumstances about contracting and linking-up problem in China＇s travel services, analyses the main reasons resulting in this problem from historical source, external influence, internal force-driving and logic relationship between market subjects. Combining with the process of building rule by law in tourism industry, the paper offers corresponding measures for legal regulations from three dimensions of ＂mediation＂, ＂block＂ and ＂pressure＂ and holds that combination of standardization with mediation as main part, incentive measures and effective enforcement of market law are basic way out for the solution of this hard nut to crack.