海上旅游合同立法刍议——以我国《海商法》修改为契机

Suggestions on the legislation of marine tour contact:Taking the revision of Chinese Maritime Code as an opportunity

以邮轮为典型代表的海上旅游业正在我国蓬勃发展。与邮轮旅游的发展势头相比,我国有关海上旅游合同的法律制度建设尚处于滞后的状态。邮轮旅游的主体关系不清,救济途径不明,是实践中突出的两大问题,有必要从立法层面对相关问题进行明确规制。以《海商法》修改为契机,将海上旅游合同纳入其立法讨论的范畴,是必要且合理的。论述海上旅游合同进行统一立法的必要性,并对相关基础问题提出建议。

Marine tour business,the typical example of which is the cruise tour,is developing rapidly in China.Compared with the trend of development of cruise tour,the legal regime concerning marine tour contract in China has not been well developed.The parties in cruise tour,as well as the route of remedy,are two of the most important issues in practice,which should be clearly regulated by the legislation.Taking the revision of Chinese Maritime Code as an opportunity,to include the issue of marine tour contract during the legislation is necessary and reasonable.The necessity of the legislation of marine tour contact are discussed,and suggestions on some basic questions are proposed.