质量保证金的制度困境与旅游公共赔偿基金的建立——兼谈香港、台湾地区的经验  

Research on the Legislative Defects of China's Mainland's Quality Bond System and the Establishment of a Tourism Public Compensation Fund:A Comparison with Hong Kong and Taiwan

作　　者：郑晶[1] 

机构地区：[1]北京联合大学旅游学院,北京100101

出　　处：《旅游学刊》2013年第12期97-104,共8页Tourism Tribune

基　　金：北京市属高等学校人才强教计划资助项目(PHR201108390);北京联合大学校级科研项目资助(SK201016X)~~

摘　　要：建立旅游公共赔偿基金的目的在于为旅游者出游活动提供财务保证,香港地区的旅游业赔偿基金和台湾地区的旅游品质保障金就是很好的例证。大陆现行的旅行社质量保证金制度只是个体旅行社对自身债务的担保,赔付作用有限。尤其值得注意的是,《旅行社条例》和《旅游法(草案)》①没有明确旅游行政管理部门的行政裁决权和行政强制执行权,这可能导致质量保证金成为纸面上的制度。所以,在现有的立法框架下改进质量保证金制度之外,更应当考虑在未来的发展中,充分发挥市场主体的自律作用,再辅以必要的社会监督,为旅游公共赔偿基金的建立创设条件。A tourism public compensation fund is designed to provide financial assurance for tourists. Such funds exist in Hong Kong and Taiwan and their positive effects have been determined by the Travel Industry Compensation Fund in Hong Kong and the Travel Quality Guarantee Fund in Taiwan. In both Hong Kong and Taiwan, most travel agents contribute to the compensation fund. The fund value is significant and is sufficient to fully compensate tourists for their losses. For travel agents, the fund subscription rate is very reasonable and does not cause any financial difficulties. Critically, the fund is managed through industry self-regulation, and industry associations play an important role in its operation. The administrative authorities and the industry associations maintain good relations. In view of the above, we can conclude that the tourism public compensation funds in Hong Kong and Taiwan are well managed and efficient. The aim of the Quality Bond system in China's Mainland is similar to the tourism public compensation funds of Hong Kong and Taiwan. It is a financial assurance system put in place to protect the consumer rights of tourist. However, the Quality Bond has few observable positive effects, partly because of certain legislative defects relating to it. The structure of the Quality Bond mechanism means that it essentially acts as a guarantee to cover each travel agent against the specific debts that may be attributable to them. Although the total value of the Quality Bond in China's Mainland is very significant, the level of compensation available to a tourist for his or her losses is limited to the amount of a single travel agent’s payment. Hence, in some cases, the compensation provided by the Quality Bond is not sufficient to make up for a tourist’s losses. At the same time, the Quality Bond contributions place an intolerable burden on many small travel agents. The Quality Bond is administered and managed by the Tourism Administration Authority. When the Quality Bond was established, the touri

关 键 词：质量保证金 旅游公共赔偿基金 旅游立法 

分 类 号：F592.6[经济管理—旅游管理]