Tourism quality supervision and law enforcement
Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Administrative Compulsory Law of the People's Republic of China, the Tourism Law of the People's Republic of China and other relevant laws and regulations in order to regulate the administrative punishment of tourism, maintain the order of the tourism market and protect the legitimate rights and interests of tourists, tour operators and tourism professionals. Article 2 The implementation and supervision of tourism administrative punishment shall abide by the Administrative Punishment Law of the People's Republic of China, the Administrative Compulsory Law of the People's Republic of China, the Tourism Law of the People's Republic of China and other relevant laws, regulations and these Measures. Article 3 The implementation of tourism administrative punishment shall follow the principles of legality, reasonableness, fairness and openness, and the combination of punishment and education. Article 4 The types of tourism administrative penalties include:
(1) warning;
(2) a fine;
(3) Confiscation of illegal income;
(four) to suspend or cancel the qualification of traveling abroad (territory);
(five) ordered to suspend business for rectification;
(six) to suspend or revoke the tour guide card and tour guide card;
(7) Revoking the business license of the travel agency;
(8) Other categories as prescribed by laws and administrative regulations. Article 5 The people's governments at or above the county level shall organize the competent tourism departments, relevant competent departments and law enforcement departments of industry and commerce administration, product quality supervision and transportation to supervise and inspect the relevant tourism business activities.
Tourism authorities at or above the county level shall, under the organization and leadership of the people's government at the same level, strengthen law enforcement cooperation and joint inspection with relevant departments.
Local tourism authorities at or above the county level shall gradually establish a cross-regional cooperative law enforcement mechanism, strengthen law enforcement cooperation, share information on the investigation and punishment of tourism violations, and cooperate with and assist tourism authorities in other regions to impose administrative penalties on local tourism operators and employees according to law. Article 6 The tourism authorities and their law enforcement officers shall keep confidential the contents obtained in administrative punishment that involve the business secrets or personal privacy of the relative person. Article 7 Except those involving state secrets, commercial secrets and personal privacy, the results of administrative punishment shall be made public. Chapter II Subject and Jurisdiction of Tourism Administrative Punishment Article 8 The competent tourism authorities at or above the county level shall impose administrative punishment within the scope of their statutory functions and powers.
Institutions authorized by laws and regulations to engage in tourism law enforcement shall impose administrative penalties in their own names within the scope of statutory authorization, and independently bear legal responsibilities for the consequences of such acts. Article 9 The tourism authorities may, within the scope of their statutory functions and powers, entrust the tourism quality supervision and law enforcement agencies that meet the statutory conditions to impose administrative penalties, and bear legal responsibilities for the consequences of such acts. The entrusted institution shall, within the scope of entrustment, impose administrative punishment in the name of the entrusted tourism authorities.
Where the tourism administrative department entrusts the implementation of administrative punishment, it shall sign a written power of attorney with the entrusted institution, stating the name of the entrusted institution, the basis of entrustment, matters, authority and responsibility, etc., and report it to the tourism administrative department at the next higher level for the record, and publicize the name of the entrusted institution, the entrusted authority and matters to the public.
Entrust the implementation of administrative punishment, you can set the entrustment period. Tenth tourism authorities at or above the county level shall strengthen the construction of administrative law enforcement team, strengthen the education and training of law enforcement personnel, and comprehensively improve the quality of law enforcement personnel.
The law enforcement officers of the National Tourism Administration shall obtain the administrative law enforcement certificates issued by this Council; Law enforcement officers of local tourism authorities at or above the county level shall obtain administrative law enforcement certificates issued by local people's governments at or above the county level. Eleventh tourism administrative punishment shall be under the jurisdiction of the local tourism authorities at or above the county level where the illegal act occurred.
When a travel agency organizes domestic tourism, the competent tourism department, when investigating the illegal acts of the land agency, finds that the package tour agency has other illegal acts, it shall send the relevant materials or their copies to the local tourism authorities at or above the county level where the package tour agency is located. The punishment of illegal acts of outbound tourism organized by travel agencies shall be under the jurisdiction of the local tourism authorities at or above the county level where the tour group is located. Article 12 The National Tourism Administration is responsible for investigating and handling cases that have a significant impact on the whole country.
The tourism authorities of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for investigating and handling major and complicated cases in the region.
The jurisdiction of the municipal and county-level tourism authorities with districts shall be determined by the tourism authorities of provinces, autonomous regions and municipalities directly under the Central Government.
The administrative punishment for revoking the business license, tour guide card and tour guide card of travel agency or canceling the business qualification of traveling abroad (territory) shall be made by the competent tourism department at or above the municipal level with districts. Thirteenth tourism authorities found that the case is not under their jurisdiction, it should be transferred to the competent tourism authorities or other departments within 10 days. If the competent tourism department that accepts the transfer thinks that the case does not belong to its jurisdiction, it shall report to the competent tourism department at a higher level for designated jurisdiction, and shall not transfer it by itself.
If an illegal act constitutes a crime, the case shall be transferred to judicial organs in accordance with the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, and administrative punishment shall not be used instead of criminal punishment. Fourteenth administrative punishment cases over which two or more tourism authorities have jurisdiction shall be under the jurisdiction of the first tourism authority or negotiated by the relevant tourism authorities; If negotiation fails, it shall be reported to the common superior tourism authorities for designated jurisdiction.
1. How to understand tourism law enforcement
Tourism Bureau is a public institution with a small number of administrative staff, that is, civil servants, but these staff members are either transferred from other units or work part-time in other units. The subordinate institutions of the Tourism Bureau have no administrative establishment. Now, if you want to have the status of administrative establishment, you must pass the civil service examination.
The scope of career establishment and implementation
1. For the purpose of social welfare, institutions run by state organs or other organizations using state-owned assets, including those whose sources of funds are mainly financial allocations and some are financial support and self-financing, shall implement post setting management in accordance with the Trial Measures and the Implementation Opinions.
2 management personnel (staff), professional and technical personnel and skilled workers of public institutions should be included in the post setting management.
2. How to understand the importance of tourism law enforcement?
Tourism law enforcement brigade, institutions, work normally, work 5 days a week, rest on Saturday and weekend. The tourism law enforcement brigade is entrusted by the local tourism bureau to exercise the functions of industry supervision and administrative law enforcement, and mainly performs the following functions: 1. Responsible for publicizing and implementing tourism laws and regulations and providing consulting services for tourists; Two, responsible for the local tourism market inspection, in conjunction with other departments to carry out comprehensive inspection; Three, investigate and deal with illegal business practices of tourism business units and employees; 4. Accept complaints and reports from tourists, and accept travel complaints assigned by higher authorities; 5. Handling cases of tourism administrative punishment; Six, to undertake the management of tourism emergency rescue, to assist the supervision and management departments to carry out the work of tourism safety production;
3. Key points of tourism law enforcement
Handle tourists' complaints and create a good tourism service environment.
4. What does tourism law enforcement do?
The jurisdiction of the Tourism Bureau is relatively small, and its administrative functions are mainly concentrated in:
1, responsible for the supervision and inspection of the tourism market order and service quality;
2. Responsible for accepting complaints from tourists and safeguarding the legitimate rights and interests of tourists;
3 to assist in the rescue and handling of major tourism safety accidents;
4. Responsible for industry management. There are several kinds of specific business: the administrative license category is "Guide Card" and the domestic travel agency is "Travel Agency Business License". Administrative punishment is the same as the Administrative Punishment Law: warning, fine, confiscation of illegal income, order to stop production and business, revocation of license, etc. The targets of punishment are basically tourism professionals and travel agencies, such as tour guides, but you should carefully read the Regulations on the Administration of Travel Agencies, the Regulations on the Administration of Tour Guides and the Measures for the Administration of China Citizens Traveling Abroad. These were released by the State Council and the National Tourism Administration. However, t remember. I'm not from the travel system. Furthermore, it depends on whether your province, municipality directly under the central government and big city have tourism-related regulations. If there are, just look at them, and it is basically enough for the deputy director to talk. You don't I don't need to know the specific measures too carefully. I hope I can help you.
5. What are the main penalties for tourism law enforcement?
In accordance with the "Regulations on the Administration of Road Passenger Transport and Passenger Stations", it shall be punished according to the provisions of Item 3 and Item 4 of Article 84. At the same time, depending on the seriousness of the case, the evidence of forged license plates shall be kept and handed over to the public security organs, and their criminal responsibility shall be investigated according to the provisions of Article 280 of the Criminal Law.
6. Difficulties in tourism law enforcement
The Tourism Law Enforcement Brigade has the functions of publicizing and implementing tourism laws and regulations, providing consulting services for tourists, conducting inspections of the tourism market and comprehensive inspections jointly carried out by other departments, and investigating and handling illegal business practices of tourism business units and employees such as tourist star hotels, travel agencies and tourist attractions. Accept tourists' complaints and reports to star-rated hotels, travel agencies, scenic spots and superiors, safeguard the legitimate rights and interests of tourists and tour operators, handle tourism administrative punishment cases and travel agencies' claims for quality deposits, undertake tourism emergency rescue management, assist in tourism safety production, and supervise complaints and reconnaissance.
(three) the management of major cultural and sports activities in the county, and guide the construction of key cultural, sports and tourism facilities in the county and grassroots cultural, sports and tourism facilities. Organize and enhance the overall tourism image of the county, promote the foreign cooperation, regional cooperation and international market promotion of cultural and sports industries and tourism industries, formulate and organize the implementation of tourism market development plans, and guide and promote global tourism.
(four) to guide and manage related cultural and artistic undertakings, guide artistic creation and production, support literary and artistic works that embody socialist core values, promote glossy characteristic culture, and promote the development of related art categories and artistic varieties.
(five) responsible for the development of public cultural and sports undertakings, promote the construction of public cultural and sports service system and tourism public services, in-depth implementation of the project of benefiting the people through culture, and promote the standardization and equalization of basic public cultural services as a whole.
(six) to guide and organize mass sports activities, be responsible for the implementation of the national fitness plan, supervise the implementation of national physical exercise standards, and promote the national physical fitness monitoring and the construction of social sports guidance teams; Plan and coordinate the layout of sports facilities, guide and standardize the construction of public sports facilities, and be responsible for the supervision and management of public sports facilities.
(seven) to guide and promote the innovation and development of culture, sports and tourism science and technology, and promote the informatization and standardization of culture, sports and tourism industries.
(eight) responsible for the protection of intangible cultural heritage, and promote the protection, inheritance, popularization, promotion and revitalization of intangible cultural heritage.
(nine) to organize the implementation of the survey, excavation, protection and utilization of cultural, sports and tourism resources, and promote the development of cultural and tourism industries.
(ten) to guide the development of culture, sports and tourism market, supervise the management of culture, sports and tourism market, promote the construction of credit system of culture, sports and tourism industry, and standardize the culture, sports and tourism market according to law.
(eleven) to guide the county's comprehensive law enforcement organizations to investigate and deal with violations of the county's culture, sports and tourism markets, such as culture, cultural relics, radio and television, movies, press and publication, sports and tourism, supervise major cases and maintain market order.
(12) To guide and manage the cultural, sports and tourism exchanges, cooperation, publicity and promotion with foreign countries and Taiwan, Hong Kong and Macao, undertake the related affairs of cultural, sports and tourism exchange projects with foreign countries and Taiwan, Hong Kong and Macao, and promote the glorious culture to go abroad.
(thirteen) according to the relevant provisions, perform the duties related to safety production and ecological environment protection. Responsible for strengthening the construction of talent team in this system and field.
(14) To implement the national principles, policies, laws and regulations on press and publication, film industry, radio and television, be responsible for managing the administrative affairs and copyright management of press and publication, film, radio and television in the county, and make overall plans, guide and coordinate the press and publication, film industry, radio and television industry and industrial development in the county. Implement relevant policies.
(fifteen) the implementation of the party's cultural relics work principles and policies, and the implementation of national cultural relics regulations. Organize the investigation of cultural relics resources and assets. Draw up plans for the development of cultural relics and museums and organize their implementation. Coordinate relevant administrative examination and approval work, and be responsible for promoting and improving the public service system of cultural relics museums. To undertake the relevant work of county-level cultural relics protection units.
(sixteen) to undertake the county to eliminate pornography and illegal publications.
(seventeen) to complete other tasks assigned by the county party committee and the county government.
(eighteen) on the division of responsibilities of animation and online game management. County Cultural and Sports Tourism Bureau is responsible for the market supervision of ani.
Article 9 Anyone who applies for outbound tourism business shall apply to the tourism administrative department of the State Council or the tourism administrative department of the province, autonomous region or municipality directly under the Central Government entrusted by him, and renew the Travel Agency Business License for the applicant in the same way as in Article 7. The travel agency shall handle the change registration with the administrative department for industry and commerce with the renewed Travel Agency Business License; If not, notify the applicant in writing and explain the reasons.
7. How to understand tourism law enforcement?
Market supervision, ecological environmental protection, cultural market, transportation, agriculture, five comprehensive law enforcement teams and urban management teams. In the law enforcement function, agriculture and transportation are integrated with the decentralized law enforcement power of the original agriculture and transportation; Comprehensive law enforcement of market supervision, comprehensive law enforcement of ecological environmental protection and institutional reform go hand in hand, integrating the law enforcement rights of previous departments. For example, market supervision integrates the law enforcement power of the original industrial and commercial institutions, quality inspection institutions and food and drug institutions; Culture integrates the original culture and the law enforcement power of tourism. The scope of comprehensive administrative law enforcement is even wider in some places, and urban road administration and rail transit law enforcement are included in the scope of comprehensive administrative law enforcement power of transportation.
8 tourism law enforcement brigade law enforcement basis
Tourism bureau is the administrative department, but it has the right to supervise travel agencies and other tourism enterprises; If there is a problem with the travel agency, you can complain to the Quality Supervision Office of the Tourism Bureau. If it is the responsibility of the travel agency, it has the right to urge the travel agency to make compensation.
