旅游者权益保护的特殊性探析

Analysis on the Particularity of Protection of Tourist Right and Interest

旅游者同其他普通消费者一样也是消费者,应当享有普通消费者的一切权利,并要承担其相应的义务。但旅游者有不同于其他消费者的特殊性,如在异地消费和接受服务、旅游购物不同于日常生活中的普通购物、参加另行付费项目的活动不同于参加日常的消费活动等;加之我国旅游行业长期存在的某些潜规则和不法旅游经营者恶意欺诈旅游者,如强迫或变相强迫旅游者购物、旅游商品质次价高、导游人员恶意诱导或欺骗旅游者以及旅游者在异地投诉和维权由于各种原因比较困难,因此我国对旅游者权益保护应有相应的特殊措施:在旅游立法上对旅游者应有明确的特殊保护规定;在旅游执法上应当有别于日常的其他普通执法;而在旅游纠纷司法解决上也应有相应的特殊规定和程序。

This paper argues that a tourist is also an ordinary consumer just as other consumers, and he or she should enjoy all rights and interests that ordinary consumers enjoy, and accordingly should bear his or her obligation. However, a tourist has some particularities which are different from other ordinary consumers, for example, he or she consumes or accepts service not in his or her hometown, tourism shopping is different from ordinary shopping in hometown, and tourist takes part in other unplanned tour projects needinghis or her extra payment, which is also different from his or her ordinary consumption activity in hometown. Apart from these, there have been some potential rules in our country＇ s tourist industry for a long time, and some illegal travel operators maliciously cheat tourists, compel tourists or compel tourists in disguised form to shop, or to take part in unplanned tour projects, some tourist goods are high price but poor quality, and some tour guides deliberately cheat tourists. At the same time tourists will face many difficulties if they want to complain in nonlocal districts and foreign countries. Therefore our government should have necessary and special protection measuresfor tourists. In the legislation of tourism, we should have definite stipulation of tourist protection; the enforcement of law should be different from other ordinary ones ; and in the judicial settlement of tourist disputes, there should be some special provisions and procedures.