Abstract

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Title:: Model Action: An Institutional Reform in Settling TourismConsumers’ Group Disputes

Author(s):: BI Yuqian; SADING Turenisa; China University of Political Science and Law (Beijing 100088).

Keywords:: tourism consumer group dispute; representative action; model action

Abstract:: Tourism plays an important role in China’s economic development and improving the quality ofcitizens’ life. A safe and stable tourism market is conducive to promoting the prosperity of tourism, which isbased on the mechanism for effective solution to tourism disputes. In tourism, when their rights are violated,most consumers choose to be silent because of the cost. Although the new tourism law with reference to ourcountry’s civil procedure law stipulates that tourism group disputes should be settled by the representativelitigation system, the function of the representative litigation system in China performs effectively in settlinglarge scale disputes, while falling short of its intended function in dealing with small scale disputes involving alarge number of people. By comparing and analyzing the function of the lawsuit forms of various countries, itis found that the German model action can better solve the tourism consumer group disputes belonging to thelatter category metioned above.