Chinesisches Reiserecht: Undogmatischer Schutz für Reisende durch das Oberste Volksgericht (Chinese Travel Law: Pragmatic Protection to Travelers Granted by the Supreme People's Court)
Journal of Chinese Law (ZChinR), Vol. 19, No. 4, pp. 279-300 and 368-374, December 2012
30 Pages Posted: 19 Jan 2013
Date Written: December 18, 2012
The English version of this article can be found at: ssrn.com/abstract=2302480
On October 26, 2010, the Supreme People's Court (SPC) of the People's Republic of China has promulgated a judicial interpretation regarding travel disputes. The interpretation is titled "Provisions on Several Issues Concerning the Application of Law in the Trial of Cases about Travel Disputes". The provisions are effective since November 1, 2010.
The Chinese contract law of 1999 does not include any specific regulations concerning travel contracts. The aim of the judicial interpretation is therefore to fill this gap in Chinese civil law. Background for the promulgation of the interpretation is a steady annual rise of travels and travel disputes, which are partly attributed to unfair conduct on the side of travel agencies. During the drafting of the interpretation the SPC therefore was very much concerned with the protection of travellers, which is deemed to be the weaker party in the relationship with travel agencies. This protection of travellers becomes especially apparent in the expansion of the control on general terms of business as well as in duties of notification and warning of the travel agencies towards travellers. Besides the interpretation introduces duties to implement safety precautions, which are modelled after the German "Verkehrssicherungspflichten". Also interesting is the stipulation of punitive damages – known from Chinese consumer protection law – against travel agencies for certain conducts. It is expected by the SPC that such claims serve to prevent fraudulent acts against travellers.
This article is published in this Research Paper Series with the generous and exceptional permission of the rights owner, Deutsch-Chinesische Juristenvereinigung e.V./DCJV (German Chinese Jurists' Association). Full-text ZChinR/J.Chin.L. articles and issues are available online at the website of the rights owner.
Note: Downloadable document is in German.
Keywords: travel law, contract law, tort law, Supreme People’s Court, People’s Republic of China, judicial interpretation, consumer protection, general terms of business, duties of notification and warning, duties to implement safety precautions
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