促进邮轮产业发展法制保障论略

A Study on the Legal System Protection for Promotion the Development of Cruise Industry

兼具运输与旅游双重属性的邮轮产业在我国尚处于起步阶段,在具有可观愿景的同时也面临着法律机制不完善的挑战。我国现有相关法律规范较为单一,没有针对该产业发展的专门法律规定,导致邮轮产业由于制度不完善而在市场准入、邮轮制造业、邮轮服务业、邮轮运输业等方面存在诸多问题。产业定性不清、制造业技术和融资困境、邮轮服务业的政策机制壁垒、邮轮税收负担和不合理的行政收费等问题已经成为我国邮轮产业发展的桎梏。当前邮轮产业发展,除了相关技术、政策以及对硬件设施的资金投入之外,亟需完善邮轮产业立法,通过政策、法律、法规、规章等多头并进方式规范和促进邮轮产业的发展,并提供强有力的法制保障。

Cruise industry, which owns double attributes of transportation and tourism, is still in the initial stage in China, but it has a considerable prospect, and it is facing the challenge of the imperfect legal system. Because the existing laws and regulations relating to cruise industry are relatively simpleand there is no specific law for cruise industry, it led to the imperfect system, especially onthe market access system, thecruise ship building industry, the cruise service industry as well as the cruise transportation industry with many problems thereof. Lack of clear nature about cruise industry, facing difficulties in manufacturing technology and financing of cruise ship, the barriers in the policy for cruise service industry, heavy tax burden on the cruise and unreasonable administrative fees etc. has become obstacles and limitations for the development of cruise industry in China. It is necessary to perfection legislation for cruise industry, apart from the technology, moneys and capitals for fundamental facilities, and only various approaches are used for combining with policy, laws, regulations and decrees, which may provide powerful legal security, further standard and promote the development of cruise industry.