法国旅游法律制度的起源与流变及其启示

The Origin and Evolution of French Tourism Legal System and Inspiration to Our Country

法国是世界第一旅游目的地国,也是全球第一个颁布旅游法典的国家。现代旅游业不断发展与壮大的时期,法国立法界与旅游界对于行业的法律规范,曾有过多次的分歧与争论。法国立法界与实务界的主要矛盾集中在旅游法的立法目的、宗旨、保护的对象、以及旅游法是否可以独立成为部门法这几个方面。其实这是私法和公法之争,是侧重保护消费者权益,还是促进旅游行业整体发展之争。这些也是目前我国旅游立法者和从业者所面临的具体难题。通过解析法国立法者的思路转变之由,力图对我国旅游法的修订,提出有益的建议。

France is the world's first tourist destination and one of the countries in the world that has enacted tourism codes.At that time,the French legislature and the travel industry had many differences and disputes over the legal norms of the industry.This time is also a period of continuous development and growth of modern tourism.The main contradiction between French legislation and practice is focused on whether tourism law can become a sectoral law independently.Which law should be protected what is the purpose of the legislation?In fact,this is a dispute between private law and public law,focusing on the protection of the rights and interests of consumers or the tourism industry as a whole.These are also specific problems that our country's tourism legislators and practitioners now face.In order to resolve the reasons for the change of the French legislator's thinking,trying to amend our tourism law,we put forward some useful suggestions.