Volume 36 Issue 2
May  2021
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LI Li, ZHANG Ting. On the Legislation Perfection about the Issues Arising from “Zero or Negative Fee for Tour”[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2020, 36(2): 113-118.
Citation: LI Li, ZHANG Ting. On the Legislation Perfection about the Issues Arising from “Zero or Negative Fee for Tour”[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2020, 36(2): 113-118.

On the Legislation Perfection about the Issues Arising from “Zero or Negative Fee for Tour”

  • Received Date: 2019-09-23
    Available Online: 2021-05-21
  • This thesis uses case studies, normative analysis, and policy value research methods to study the causes of the legal system of zero-density group fees in tourism,which is less likely to be legally applicable.The purpose is to propose countermeasures.After the analysis,it is concluded that the zero-negative group fee is essentially the service price agreed in the travel service contract is equal to or lower than the travel service cost.In the process of fulfilling the travel service contract,the travel agency collects the rebate through various implicit forms to make up for the loss.The zero-negative group fee damages the fair trade rights of tourism consumers and the choice of tourism products,which undermines the order of the tourism market.Under the current legal system,the regulation of zero-negative group fees has its institutional dilemma,mainly because the criteria for identification in the Tourism Law are not clear.It is manifested in the fact that Article 35 of the Tourism Law explicitly prohibits zero-negative group fees.However, the effectiveness is not ideal, mainly because of the unreasonable low price, deception, coercion, and the scope of "specific shopping places".For the regulation of zero-negative group fees in tourism, it is suggested that we can start from the aspects of improving legislation, strengthening supervision, self-discipline and heteronomy, and establishing a comprehensive coordination mechanism.

     

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