just look at the following two articles!

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1. The construction of tourism legal system in China has made great progress, and the pattern of managing tourism according to law has basically taken shape

Tourism is a dependent and highly related industry, and its healthy development must be guaranteed by the legal system. Since the reform and opening up, the legal system construction of the tourism industry, which has risen rapidly, has gone through the process of growing from scratch, accelerating the establishment and gradually strengthening. Especially after the Ninth Five-Year Plan, with the rapid development of tourism, the construction of tourism legal system is also changing with each passing day, which promotes China to rank among the world's major tourism countries. First, the pace of tourism legal system construction is accelerating day by day. At first, China's tourism legal system construction was mainly manifested in administrative means management. With the overall advancement of the national legal system construction and the accelerated development of tourism, the development and management of tourism accelerated into the legal track, and the work pattern of managing tourism according to law basically took shape. Mainly manifested in:

1. Transition from planned economy to market economy.

During the Eighth Five-Year Plan period, many of the contents of tourism legal norms were directly related to the operation of tourism enterprises, such as tourism prices, foreign exchange, tourism commodity production, settlement of foreign exchange quotations, toilet fees, ticket prices, etc., which reflected the characteristics of the planned economy system. Since the Ninth Five-Year Plan, most of these projects have been delegated to tourism enterprises, and the contents of legislative norms have gradually shifted to managing market access, market order and business rules, reflecting the gradual transformation of tourism administrative functions.

2. Transition from single content to comprehensive aspect. During the Eighth Five-Year Plan period, the contents of tourism legislation were generally simple, and most of them stipulated certain matters, such as the quality management of travel agencies, the notice of tourist visas, the basic standards of customer service, the provisions of tourism complaints, the collection of tourism development funds, the examination and approval of designated production enterprises of tourism commodities, the reporting and handling procedures of tourism safety accidents, etc., which reflected the gradual establishment of tourism legislation. After the "Ninth Five-Year Plan", the contents of tourism legislation norms tend to be comprehensive obviously, and the laws and regulations involving one aspect have increased obviously, such as travel agency management, tour guide management and overseas travel management. Taking overseas travel as an example, many normative documents were issued before, which were later replaced by departmental regulations in 1997 and administrative regulations in 22.

3. The category of norms has gradually shifted from tradition to emerging fields. During the "Eighth Five-Year Plan" period, tourism legislation basically focused on tourism reception and management, and relatively concentrated on travel agencies and foreign-related hotels, that is, the traditional industrial scope since the beginning of tourism development; After the Ninth Five-Year Plan, with the rapid expansion of the scale of tourism industry, "grand tourism" has changed from a concept to a reality, and tourism legislation has also broadened the fields, such as joint venture travel agencies, star rating of inland cruise ships, tourism drifting management, tourism standardization management, tourism planning management, tourism statistics management, and the creation of excellent tourist cities.

4. Accelerate the transition from administrative means to legalization. During the Eighth Five-Year Plan period, most tourism regulatory documents were issued in the form of normative documents, even if they were issued or approved by the State Council. According to incomplete statistics, there were as many as 45 tourism regulations and normative documents issued here, of which a considerable number were in the form of Notice. After the Ninth Five-Year Plan, with the implementation of the Legislative Law, the legalization of tourism accelerated to the right track, and the number of normative documents issued here decreased by about 5%, while two administrative regulations were issued, namely, the Regulations on the Administration of Travel Agencies and the Regulations on the Administration of Tour Guides. Since the Tenth Five-Year Plan, one administrative regulation (Regulations on the Administration of Travel Agencies) has been revised, one administrative regulation (Measures for the Administration of China Citizens Traveling Abroad) and five departmental regulations have been promulgated, and the legislative norms and legal effect of tourism have been significantly improved.

second, the tourism legal system in some fields has gradually become a system. Up to now, there is no comprehensive tourism law in tourism, but in recent years, the tourism legal system in some fields has made great achievements and initially formed a tourism legal system centered on the travel agency industry.

1. The tourism legal system construction of the travel agency industry is becoming more and more perfect. Travel agencies are known as the leader of tourism. With the rapid development of tourism, the number of travel agencies has increased rapidly, from 4,252 in 1996 to 1,532 in 21. In order to strengthen the management of the travel agency market in time, on October 15th, 1996, the State Council issued the first administrative regulation on tourism-Regulations on the Management of Travel Agencies. In order to implement the Regulations, the National Tourism Administration has formulated the Detailed Rules for the Implementation of the Regulations on the Administration of Travel Agencies, and has successively issued some departmental rules and normative documents, such as the Interim Provisions on the Quality Guarantee of Travel Agencies, the Provisions on the Travel Agency's Liability Insurance, the Administrative Provisions on the Qualification Certification of Travel Agency Managers, the Notice on Strengthening the Approval and Registration Management of Travel Agencies, and the Notice on Strengthening and Regulating the Management of Travel Agency's Sales Department, etc., thus forming a relatively complete law with travel agencies as the core. After China's entry into WTO, in order to adapt to the changes in the new situation in time, the Regulations on the Administration of Travel Agencies were revised quickly, and the contents of "foreign-invested travel agencies" were added, so that the Regulations included the management of various types of travel agencies.

2. There are laws to follow in tour guide management. Tour guides are specific organizers and service providers of tourism activities, which are closely related to tourism consumption and reception service quality. There are 15, tour guides in China and a large number of seasonal temporary tour guides. On May 14th, 1999, the State Council issued the Regulations on the Management of Tour Guides, which is the second administrative regulation in the tourism industry, and defined the qualification examination system for tour guides, the system of tour guides' certificates, the classification and grading of tour guides, the duties and penalties of tour guides, and provided legal protection for the establishment of a tour guide team with excellent political and professional qualities. In order to implement the Regulations, the National Tourism Administration issued the Measures for the Administration of Tourist Guide Cards in August 1999 and the Measures for the Implementation of the Management of Tour Guides in December 21, which increased the regulations on the graded management, registration system, score management and annual examination management of tour guides and strengthened the daily management of tour guides.

3. The management of outbound tourism has gradually stepped into legalization. In order to strengthen the management of outbound travel, on July 1, 1997, with the approval of the State Council, the Interim Measures for the Administration of Overseas Travel of China Citizens at Their Own expense was promulgated. After five years of development, China's outbound tourism has reached 12.133 million person-times, and the growth of private outbound tourism has obviously accelerated. In order to adapt to the development and changes of the new situation, the State Council decided to implement the Measures for the Administration of China Citizens' Traveling Abroad on July 1, 22, which is the third administrative regulation of the tourism industry and has taken a big step towards legalization in terms of management means. According to the new management method, the number of outbound tour groups has been expanded from 67 to 528; Subsequently, the "China Citizens' Service Standards for Traveling Abroad" was issued; On October 28th, the National Tourism Administration issued the Measures for the Administration of Outbound Tour Leaders, which made the management of outbound tours more law-based and rule-based.

third, the local tourism legal system has made a significant breakthrough. The local tourism legal system is an important part of the national tourism legal system construction. Since the Ninth Five-Year Plan, tourism has grown rapidly as a new growth point of the national economy, and the pace of local tourism legal system construction has also been closely followed.

1. The starting point of tourism legislation in provinces and cities is relatively high.

during the eighth five-year plan period, the national tourism legislation was mainly based on normative documents, while most provinces and cities formulated tourism regulations in the name of the government. According to statistics, only 18 provinces accelerated the development of tourism, and 2 provinces were under comprehensive management. During the Ninth Five-Year Plan period, in addition to government regulations issued by more than 1 provinces, local tourism regulations (tourism management regulations) issued by provincial people's congresses were issued by 21 provinces, 7 cities under separate state control and sub-provincial cities.

2. Most provinces and cities have formulated Tourism Regulations. On June 22, 1995, the Standing Committee of the First People's Congress of Hainan Province approved the Regulations on Tourism Management in Hainan Province, which became the first local tourism regulation in China. Since then, all provinces have accelerated the pace of tourism legislation. By the beginning of November 22, except Jilin, Qinghai, Tianjin and Shanghai, 27 provinces have formulated the Tourism Regulations, accounting for 87% of the total number of provinces in China (except Taiwan Province). Xiamen, Qingdao and Shenzhen have issued the Regulations, accounting for 6% of the total number of cities in China. In addition, Wuhan, Harbin, Zhengzhou, Guangzhou, Datong and Chengdu have also reported to the provincial people's congress for approval and issued the Tourism Regulations.

3. Tourism legislation meets the needs of local tourism development. In addition to formulating comprehensive government regulations and local regulations, various provinces and cities have also issued many targeted regulations and normative documents, covering tourism safety, establishment of branches, tourist resorts, production of tourism commodities, income tax refund of tourism enterprises, collection of special funds for tourist attractions, individual service, special tourism projects, explanation of scenic spots and so on. At present, in order to conform to the WTO rules, all localities have stepped up efforts to revise local tourism laws and regulations. Six provinces and cities such as Hainan and Guangxi have basically completed the revision, and 1 provinces, autonomous regions and municipalities such as Beijing, Shandong, Inner Mongolia, Hubei, Shaanxi and Yunnan have included the revision in their plans. It is believed that this will play an important role in promoting the accelerated development of tourism after China's entry into WTO.

iv. the intensity and level of tourism administrative law enforcement have been significantly improved. since the eighth five-year plan, with the acceleration of China's legal construction process and the rapid expansion of the tourism market, strengthening tourism law enforcement has been put on the important work agenda. Especially after the Ninth Five-Year Plan, with the change of the management function of the tourism department, the practice of tourism law enforcement has increased greatly, and the level of tourism law enforcement has also made significant progress.

1. The tourism administrative law enforcement team is growing. After the Ninth Five-Year Plan, according to the needs of tourism development, the National Tourism Administration set up a tourism quality supervision and supervision office (the "quality supervision office"), which is responsible for accepting tourism complaints. Since then, the country has gradually established a three-level quality supervision network at the national, provincial and tourist cities, with nearly 1, employees. Among them, Sichuan Quality Supervision Institute is an administrative organization, and the quality supervision institutes in Shaanxi, Yunnan, Qinghai and Ningxia provinces and autonomous regions have merged with the administrative offices to enforce the law. Twelve cities have set up tourism law enforcement (inspection and supervision) brigades, and some of the other 1 quality supervision institutes have been given certain administrative functions, which has become an important supplement to tourism industry management and an important force for tourism administrative law enforcement.

2. The number of daily tourism law enforcement has increased. Accepting tourism complaints and conducting annual inspection of travel agency business are the daily and regular contents of tourism law enforcement. According to statistics, in 21, quality supervision institutes at all levels in China accepted 6,966 tourist complaints (only 29 provinces, autonomous regions and municipalities were counted), 5,738 were officially accepted and 5,417 were closed, with a settlement rate of 94%. In the annual inspection of travel agency business in 21, 1,142 travel agencies were suspended from passing the annual inspection, and were punished by rectification within a time limit, warning, informed criticism, rectification within a time limit and suspension of business for rectification, accounting for 1.85% of the participants. 293 companies failed the annual inspection, and were cancelled, their business licenses were revoked or they voluntarily closed down, accounting for 2.79% of the total.

3. Special tourism law enforcement activities have achieved remarkable results. Since the Ninth Five-Year Plan, rectifying the order of the tourism market has always been the focus of work. From the end of 1995 to 1996, we cracked down on unlicensed and out-of-range operations, and investigated and dealt with 493 illegal acts in the tourism market; From the second half of 2 to the first quarter of 21, we concentrated on rectifying the outbound travel market, focusing on investigating and dealing with travel agencies' affiliated contracting, "black clubs", out-of-range operations, zero-negative tour fees, false advertisements, etc. In the first half of 22, a special rectification campaign was launched to crack down on counterfeiting and illegal publications in the tourism market, with 26, inspectors and 9, tour guides, with an on-site inspection rate of 6%. 1,7 illegal tour guides were penalized, and a large number of illegal operators were investigated and dealt with, which cracked down on the behaviors of bullying the market, buying and selling, and deceiving customers and slaughtering customers, and the order and environment of the tourism market were improved significantly.

In addition, the annual special inspection of tourism law enforcement carried out by people's congresses at all levels has urged and promoted the in-depth development of tourism administrative law enforcement; Some administrative reconsideration and administrative litigation cases caused by tourism administrative law enforcement urge tourism law enforcement personnel to further learn, understand and use the law; Various forms of tourism law enforcement training courses held in various places have also played their due role in improving the level of tourism administrative law enforcement.

of course, due to the rapid development of tourism, some contents of the current tourism laws and regulations are difficult to keep up with the rapid development of tourism reality, and the country has not yet promulgated a Tourism Law. Therefore, there is still a lot of work to be done in the construction of China's tourism legal system, which requires unremitting efforts and exploration by the whole industry.

2. On the lag of China's tourism legislation and its perfection

Sound tourism legislation is the legal premise and guarantee for the development of tourism resources and the establishment and benign development of tourism industry. Speeding up tourism legislation is an objective need to cultivate and standardize the order of tourism market, and to meet and integrate with China's accession to the World Trade Organization. It is also an important content and step to establish China's tourism legal system. In many countries with developed tourism and perfect legal system, tourism law has formed a relatively complete system and become an important part of the national legal system. Although China has established a basic legal framework system of socialist market economy based on the Constitution and focusing on departmental law, from the perspective of departmental law, there is still a serious lag in China's tourism law. This lag has brought adverse effects on the development of tourism, and even some enterprises have come up with projects that destroy the environment and waste resources under the guise of developing tourism resources in order to make money, disrupting the tourism market and infringing on the legitimate rights and interests of tourists, which makes the sustainable development of China's tourism industry and the establishment of tourism environment face serious challenges. This lag is mainly manifested as follows:

First, there is a blank in the basic tourism law and the separate tourism law. The tourism basic law belongs to the "constitution" in China's tourism legal system, and it is the source and basis of all levels and types of tourism legislation. The position and function of the Basic Law of Tourism are not only of great significance to the establishment and development of the tourism legal system, but also of normative and guiding significance to the overall development of China's tourism industry. However, since the founding of the People's Republic of China, we have not yet formulated a comprehensive and systematic basic law or a separate law on tourism. Since the Ninth National People's Congress, it has been suggested that the state should take the formulation and promulgation of the tourism law as the top priority of the current tourism development work, and organize special forces to speed up the construction of the legal system of the tourism industry [1]. In fact, the absence of the tourism basic law makes the whole China tourism legal system construction in a state of "leaderless", and also makes the local tourism legislative activities lack of legislative basis and principles to follow. This situation is also one of the important reasons for the disorder of the current tourism market.

Second, the number of national tourism legislation is small, the level is low, and the tourism legal system is very incomplete. After the reform and opening up, China attaches great importance to the construction of the legal system, but so far there is no law specifically regulating tourism relations. There are only three administrative regulations regulating tourism relations promulgated by the State Council [2] and only six tourism regulations promulgated by the National Tourism Administration. Generally speaking, the current laws and regulations do not fundamentally stipulate the principles and measures of the country's tourism development at the legislative level, nor do they effectively restrict and adjust the relations between all aspects involved in tourism. Therefore, in China's tourism legal system, laws, administrative regulations and departmental rules, as social public goods, are seriously in short supply, and are at a relatively low level in the legislative hierarchy. Some administrative regulations and departmental rules are outdated in legislative thinking, simple in content, and lack of operability.

the third is the establishment of local tourism.