An Analysis on Tourism Contract Lawmaking under China‘s Civil Code

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面对持续、快速、全面发展的旅游业，我国旅游立法明显滞后，在旅游活动中频发旅游纠纷， 但现有法律却没有相应规定。四部民法典草案均将旅游合同列为单独的有名合同，通过对四部民法典草案之旅游合同的研究，从立法角度分析我国当前旅游合同存在的问题，对四个文本民法典的异同，结合旅游活动的特殊性，进行评析并提出立法建议，从而为合理解决旅游合同纠纷提供法律依据。

Faced with the sustainable, rapid and comprehensive development of tourism industry, tourism legislation in China lagged behind in tourism. Although travel disputes occurred, there were no corresponding provisions of issued laws. In these four draft Civil Code; travel contracts were named as a separate contract. By the research of travel contracts, the current problems of them, from the legislative point of view, are dealt with. Combined with the specialty of tourism activities, the similarities and differences between the four texts of Civil Code are discussed and assessed, in order to offer legislative proposals as a legal basis for the reasonable solution to travel contract disputes.