跨国旅游合同法律适用规则探析

Analysis on Law Application to Transnational Tourist Contract

跨国旅游合同的法律适用是国际私法学界面临的一个现实而又重要的问题。我国虽然制定了调整消费者合同的一般法律适用规则,但仍不能满足解决复杂的跨国旅游合同纠纷的需求,因此,有必要结合旅游服务的特点专门立法。建议立法应肯定既有的连接点"旅游者经常居住地法",采用完整意义的"意思自治原则",同时重视"最密切联系原则"的补充作用。

The law application of transnational tourist contract has become an emerging and important issue in private international law. Although China has set up a set of general laws and rules to regulate consumer contract,hut it is not enough to meet the needs of solving the complicated transnational tourist contract dispute. To this point,it is necessary for China to set up specific laws considering the specific characteristics of tourist products. When confirming the connecting points of ＂lex loci domicilii＂,it is also important to adopt the complete significance of the ＂autonomy of will＂, and to emphasize the supplemental role of the ＂doctrine of the most significant relationship＂.