2026-02-11
The upcoming Spring Festival holiday is set to bring a surge of excitement to the tourism market. New forms of tourism, characterized by immersive experiences, studybased travel, and digital culture and tourism, are emerging as a significant force in enhancing holiday offerings and improving tourism quality. These innovative and engaging formats showcase the vitality and promising of the industry, injecting new impetus into the traditional tourism sector. However, the very nature of these new forms of tourism, with their high level of innovation, novel mechanisms, and complex relationships among various stakeholders, presents new and more intricate demands on the current legal and regulatory framework. As these new forms of tourism push the boundaries of industry development, has become a pressing issue to establish a legal environment that can effectively regulate market behavior, guard against potential risks, while also fostering innovation and stimulating market vitality. This is crucial guiding and ensuring that new forms of tourism thrive on a healthy trajectory, thereby playing a pivotal role in driving high-quality development of the tourism industry and making solid strides towards the of building a powerful tourism nation.
In order to strengthen the legal guarantee for new tourism formats, it is necessary to focus on responding to several key issues that become apparent in market practice. First, the standardization and guidance of market behavior need to be strengthened. The core advantage of new tourism formats increasingly relies on content quality and experience design In practice, some operators attract customers through exaggerated publicity and scenario collage, which may violate the basic requirements of the Advertising Law of the People's Republic of China prohibiting or misleading publicity, and may also violate the principle of good faith established in the Civil Code of the People's Republic of China and the Tourism Law of the People's Republic China. Second, the protection of consumer rights and interests faces new and complex situations. New tourism formats rely heavily on word-of-mouth dissemination and platform evaluation mechanisms, and rights and interests risks show the characteristics of diverse types and strong concealment. For example, a few new tourism format projects overemphasize the experience effect in the promotion stage, fail to clearly explain key information such as activity content, risk level, and cost composition, resulting in it being difficult for tourism consumers to form a comprehensive judgment when making decisions. Moreover some standardized tourism contracts and pre-set refund and change rules are biased towards the operator in terms of responsibility allocation, increasing the cost of proof and rights protection for consumers in the of disputes. In addition, some new format projects have certain safety risks, especially in closed spaces, night activities and high participation experience, and if there is a lack of adequate warning standardized management, it is very easy to cause personal and property damage. Third, the industry governance system needs to improve coordination and adaptability. The cross-border integration characteristics of new pose a challenge to the traditional segmented regulatory model, and the responsibilities of departments need to be further clarified; its platform-based operation and rapid iteration characteristics also require regulatory methods pay more attention to coordination, precision and flexibility.
In response to the challenges faced by new tourism formats for high-quality development, we should gradually build a legal guarantee adapted to the development stage of new tourism formats by continuously optimizing the system supply and strengthening collaborative governance, further enhancing the trust of the people in the tourism market.
Strengthen the administrative guidance on the creative production of new tourism products. Administrative guidance refers to the guiding management activities implemented administrative organs within their responsibilities through suggestions, advice, demonstration and other non-mandatory means. Its core is to provide forward-looking and flexible rules to prevent market disorder and the industry in the right direction. Currently, in some fields, there are problems such as excessive pursuit of "Internet celebrity effect" and superficial content splicing in the process of content and operation, which brings the risk of "cultural depreciation". One of its roots is the lack of clear and stable creation and operation standards. To this end, cultural and authorities at all levels should establish a normal administrative guidance coordination mechanism with relevant departments such as propaganda, network information, cultural relics, and development and reform, and prevent the deviation of in the development of new tourism formats through positive system coordination and positive guidance. First, research and publish targeted industry development guidelines in a timely manner. Taking the sustainable and healthy development of the tourism industry established by the Tourism Law of the People's Republic of China as the command, integrate the integrity publicity requirements of the Advertising Law of the People's Republic China, and the principles of rational utilization and inheritance and development of the Law on the Protection of Cultural Relics of the People's Republic of China and the Law on Intang Cultural Heritage of the People's Republic of China, and transmit clear and stable rules and signals to the market. Second, sort out and publish typical cases. Through the analysis of and negative examples, it clearly advocates the creative orientation of in-depth mining of cultural connotations, focusing on content quality, and strictly adhering to the safety bottom line. the same time, it lists negative behavior lists such as false propaganda, improper use of cultural resources, and neglect of safety norms. Through this kind of soft guidance and normative, it can effectively help the main body of operation to actively integrate the requirements of high-quality development into the whole chain of tourism product design, operation and management, and promote the competition of the market and the overall quality improvement from the source.
Enhance the protection of consumers’ rights and interests in new-type tourism. Compared with traditional tourism, new-type places more emphasis on interactive participation and immersive experience, and consumers change from passive recipients of services to deeply involved participants in tourism activities. While this transformation enriches the tourism experience, also amplifies the possibility of information asymmetry and risk spillover. The right to know, the right to choose freely, and the right to fair trade established in the Law of the’s Republic of China on the Protection of the Rights and Interests of Consumers provide basic guidelines for the protection of consumers’ rights and interests in new-type tourism. terms of specific institutional design, the principle of information transparency in tourism services should be further strengthened, and the basic requirements for tourism projects regarding content presentation, price composition, and risk should be clarified, so that consumers can make choices on the basis of full information. At the same time, the balance of rights and obligations in the contractual relationship should be promoted standardized contract terms and restrictions on unreasonable liability exemption provisions, thus providing consumers with stable expectations. In terms of safety protection, the safety management obligations of tourism operators should be refined according to risk characteristics of different types of tourism, and risk prevention and control should run through the whole process of activity design, personnel organization, and on-site management. For instance, regard to escape room-type projects, the focus is on clarifying the mandatory technical requirements for fire evacuation passages, emergency lighting, emergency opening of electronic locks, and flame retard of scene materials. For projects involving outdoor sports, it is necessary to clarify the qualifications of the organizer, the professional qualifications of the leader, the inspection standards for equipment, and the for meteorological early warning response. In addition, a diversified dispute resolution mechanism should be improved. The cost of consumers’ rights and interests protection should be reduced and the efficiency of resolution should be improved by unblocking complaint channels, strengthening administrative mediation, and guiding online dispute resolution, thus forming a sound, powerful, and convenient system for the protection of’ rights and interests.
Building a collaborative regulatory mechanism for new tourism formats. The cross-border and platform-based characteristics of new tourism formats determine it is difficult for a single department or a single means to achieve effective supervision, and it is necessary to improve the coordination of the regulatory system. First, strengthen cross-department coordination in the regulatory structure. Departments at all levels of comprehensive cultural market law enforcement, market supervision, network information, public security, and emergency management should establish and improve a normal and linkage mechanism under the existing legal framework. By clarifying the boundaries of responsibilities, formulating a list of joint regulatory measures, and sharing regulatory information, we should strive solve the problems of cross-over or regulatory vacuum caused by the cross-border integration of the industry, and form a regulatory synergy covering online and offline. Second, deepen supervision and smart supervision, and strengthen the accuracy of collaborative supervision. By implementing hierarchical and classified management of business entities, and combining with the system tools such as the Interim Regulations the Publicity of Enterprise Information and the Regulations on the Supervision and Administration of the Registration of Market Entities of the People's Republic of China, we should strengthen the credit and risk early warning mechanism for new tourism enterprises. At the same time, relying on information technology means, the abnormal business behavior and complaint data are analyzed to improve the accuracy of supervision keep consistent with the basic requirements of relevant laws on data compliance and risk prevention and control. Third, urge the platform to fulfill its legal responsibility. Based on the and the Inter Provisions on the Management of Online Tourism Business Services, the responsibility of the platform in terms of subject access, information review and dispute resolution should be strengthened to effectively make up for the of traditional regulatory means. At the same time, facing the new business format of rapid iteration, the unified law enforcement standards should be continuously improved, the regulatory practice guide should be compiled and the cross-departmental business training and case analysis meetings should be carried out to continuously improve the understanding and judgment ability of front-line law enforcement personnel on new business models technical applications, and legal risks, so as to ensure that regulatory actions are standardized and unified, and can adapt to the development changes of new tourism formats
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