旅游权内涵解析及其保险保障机制探讨

Tourism Right Connotation Analysis and Insurance Safeguard Mechanisms

公民旅游权是基本人权的重要延伸,是一种综合性权利,可分为基础性旅游权和消费性旅游权两大类,旅游保障权、旅游自由权、旅游平等权、旅游资源共享权、旅游发展共享权、旅游消费权和出入境旅游权等七项权利。在我国旅游发展与旅游者权益保护亟待加强的情况下,建议通过相关制度设计构建全面广泛的公民旅游权保障体系,完善我国旅游业持续健康发展的制度基础。在保险制度方面的保障措施主要包括:借助强制保险和商业保险提供公民旅游休闲保障,完善保险制度安排,加强旅游资源保护,进行保险创新,保障公民旅游自由权,加强保险国际合作保障,公民出入境旅游权等。

The right to undertake tourism is an important extension of basic human rights, and is a comprehensive right. The United Kingdom and the USA, among other countries, primarily consider the civic tourism right to be the right of freedom of travel. This right is developed and protected by judicial legislation. The primary focus of the European Union, the World Tourism Organization and other international organizations, when considering civic tourism rights, is the protection of the rights and freedom of travel. In China a citizen＇ s civic tourism right is the fundamental right to travel, and includes both concepts mentioned above. Seven rights are observed in China： the right to security; the right to freedom of travel; the right to equality; the right to resource sharing; tourism development and sharing rights; tourism consumer rights; and inbound tourism right. China＇ s Tourism Law first proposed a citizens＇ civic tourism right. The Outline for National Tourism and Leisure （2013 -2020） , issued by the State Council for China in 2013, states that the implementation of the citizens＇ right to travel is a legal obligation. However, there are still some constraints to civic tourism rights of Chinese citizens. In particular, there are constraints relating to the level of socio-economic and tourism developments. Socio-economieally, the basic civil right to travel requires certain economic capabilities; hence consumer expectations may restrict tourism and leisure consumption. Developmentally： the quantity and quality of tourism infrastructure must be improved so as not to constrain tour groups; and the public information system needs to be improved. There is a real problem of over- exploitation of tourism resources in China and exploitation of consumer rights is common. The inbound and outbound tourism management system should be further developed to prevent such exploitations. There is a need for the implementation of comprehensive systems to ensure the wide protection of a citizen＇ s civic tourism right. The thesis based on the basic insurance system, especially institutional mechanisms to explore the optimization of our citizens basic rights of tourism insurance coverage policy measures： China in general, must： improve tourism and insurance legislation to strengthen the legal protection of policies; improve the social security insurance system; implement an innovative home and personal property insurance system to protect the citizen; improve the quality of travel insurance services by strengthening travel insurance supervision and management; and increase publicity relating to travel insurance to improve recognition of the need for, and acceptance of, the benefits of travel insurance. China must optimize its tourism resources and property insurance systems to meet the needs of travel resource sharing. In relation to the right to travel insurance protection mechanisms, there are three main policy recommendations： improve the insurance system to ensure the safety of tourists and promote the development of tourism; improve the liability systems relating to tourism enterprises to improve the level of protection for tourists; and establish and improve inbound and outbound tourism insurance systems to guarantee a citizens＇ right to inbound and outbound travel. We recommend the improvement of the travel insurance system to optimize the rights of Chinese citizens and inbound tourists, to promote the healthy and sustainable development of the tourism and leisure industry in China.