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중국 크루즈선 계약에 관한 문제점과 해결방안에 관한 연구
팬쇼우 ( Fan Shuo ),지상규 ( Ji Sang-gyu ) 제주대학교 법과정책연구원 2023 法과 政策 Vol.29 No.3
Cruise tourism has attracted much attention from Asian countries due toits solid industrial integration and high economic performance. At the same time, it also has complex legal characteristics that have led to high-profile cases in practice. China has formed a legal system of cruise contracts with Chinese characteristics due to the special provisions of Article 23 of the Regulation on Travel Agencies. The legal system of cruise contracts with Chinese characteristics includes three basic contracts: the contract of sale of cruise tickets, the contract of package cruise tourism, and the contract of carriage of passengers by sea. This paper raises the major issues of the three contracts at present, which are the issue of the contractual nature of the cruise ticket sales contract. Division of responsibilities between travel agents and Performance supporters in package cruise contracts and the legal status of cruise lines. Disputes over the identity of the carrier in the contract of carriage of passengers by sea and the manner of assumption of liability for breach of contract and tort by the operator of a leisure and entertainment service on a cruise ship. According to the problems raised, this article puts forward proposals to solve them. The article proposes that under Chinese law, the model of package travel should be recognized as an atypical contract. In the package cruise tourism contract, the travel agency should bear the overall responsibility and part of the performance of the auxiliary person to bear the specific responsibility of the coexistence of a “net” legal relationship. In the contract of carriage of passengers by sea under current legislation, the analysis of the cruise ship leisure and entertainment service operators in breach of contract, tort liability path. Based on the above problems and solution proposals, this paper forms part of the legislative proposals, expecting to reference the cruise legislation of various countries to meet the reality of the future needs of the booming development of cruise tourism.
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