China’s Choice of Laws for Cross-Border Tour Contract based on the Principle of Protecting Tourist Consumer

Abstract

Cross-border tourist is a kind of consumer; cross-border tour contract belongs to consumer contract. The principle of protecting tourist consumer should carry through the choice of laws for cross-border tour contract. Considering the legislation and juridical practice of China, compared with EU legislation and Brazil’s legislation, China’s choice of laws in cross-border tour contract should identify in what circumstance the conflict rules for consumer contract shall apply to cross-border tour contract, adjust the limitation on autonomy of will, and includes “favorable law”, in order to further improve the protection of tourist consumer.