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Based on the development of the industry, it is necessary to crack the dilemma of local legislation.

Public number: Guilin Tourism Quality Supervision and Management Office Source: Time: 2020-02-21 02:07:33

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Ganzi Prefecture, Sichuan Province, and Zhangjiajie, Hunan Province have accelerated the progress of tourism legislation in the whole region, and rural tourism (homestay) legislation in Huzhou, Zhejiang has been actively promoted. The comprehensive supervision of the Huangshan tourism market has been explored from reform practice to the legal track .... At the working forum, 10 cities and cities devoted to developing local tourism legislation first exchanged experiences and discussed paths together, showing the vigorous vitality of local tourism legislation.

In fact, since the legislative power conferred by the revised legislative law in 2015, the key tasks of tourism reform and development are being explored from the point, line, and area of practice, gradually moving into the track of rule of law and normalization, with the help of local legislation. The opportunity to try first has injected a new impetus and vitality into the full implementation of governing tourism according to law, further advancing the modern tourism governance mechanism, and accelerating the pace of building a tourism powerhouse.

Meet the needs of the industry

The reform must be hard-bone, try first, and carry out legislative work to protect the reform. This is not only an adaptation to the objective needs of the vigorous development of the tourism industry, but also an initiative of the tourism sector to dare to innovate and take the initiative.

Under the new normal of economic development, the tourism industry is playing an increasingly important role in stabilizing growth, promoting reform, restructuring, and benefiting the people's livelihood. Most provinces and cities have taken tourism as a pillar industry or a strategic pillar industry. However, the development of the tourism industry in many regions still faces a series of problems such as irregular institutional mechanisms, inadequate market supervision, inadequate infrastructure, and mismatched supply and demand. Representatives include the Tourism Commission, the Tourism Police, the Industrial and Commercial Tourism Bureau, and the Circuit Circuit Court. The "1 + 3 + N" system emerged at the historic moment, and the modern tourism governance mechanism is accelerating. In the context of administering the country in accordance with the law, the promotion of local tourism legislation by the tourism sector, accelerating the development of tourism according to law, and governing tourism according to law are important explorations to further escort the development of the tourism industry.

Promoting tourism legislation is an objective need to break the bottleneck of local tourism development. In the opinion of Qiu Lihua, deputy investigator of the Huzhou Tourism Commission, “As a pioneering area of national tourism reform and innovation, Huzhou has the responsibility to try first in local tourism legislation.” He said that at present, the development of rural tourism in Huzhou has encountered some bottlenecks. Issues, such as the excessive development of adverse effects on the environment and ecological protection, and the regulation of farmhouse folk folk households, all need to be regulated from the level of laws and regulations. For this reason, Huzhou regards rural tourism as a breakthrough in the topic selection of local tourism legislation.

Promoting tourism legislation is an important way to guarantee the results of tourism reform and development.

Guilin City Tourism Development Committee researcher Pang Tiejian said, "In the past two years, tourism reforms and developments such as global tourism, rural tourism, tourist toilets, comprehensive tourism supervision, and tourism innovation and reform pioneer zones have been continuously developed. Facing the new situation, the formulation and introduction The local regulations on tourism in Guilin are undoubtedly important measures for governing and promoting tourism in accordance with the law, and are of great significance to guarantee and promote the sustainable and healthy development of tourism in Guilin by means of law. "

Bai Junhua, deputy director of the Tourism Commission of Huangshan City, said that since last year, the city has set up a comprehensive tourism management law enforcement bureau to implement the relatively centralized administrative punishment power for tourism, with obvious results. According to the local characteristics and actual needs of the development of Huangshan's tourism industry, Huangshan City will expedite the exploration to solidify the reform reform and other aspects of tourism supervision and enforcement through the rule of law.

Promoting tourism legislation is an important means of implementing strategic measures for the development of tourism. Cui Hong, director of the Xinxiang Foreign Affairs and Overseas Chinese Affairs Tourism Bureau, said, "Local tourism legislation is very important to promote the development of tourism. In recent years, the Xinxiang Municipal Party Committee and Municipal Government have attached great importance to the development of tourism and put forward a strategy of big tourism, big culture and big healthy development. However, at the same time, it still faces problems such as the tourism management system and mechanism, the environment inside and outside the scenic area, comprehensive supervision of the tourism market, and overall planning of resources, and it is urgently needed to regulate at the legal level. "

At present, cities with districts are actively promoting tourism legislation. According to statistics from the National People's Congress, as of the end of December 2016, 268 cities and districts in 27 provinces (autonomous regions and municipalities) have been newly granted legislative power. It is becoming more and more widely accepted to carry out legislative work from the field of tourism on the basis of local realities.

Strengthening the legislative foundation and actively piloting it

According to the provisions of the Legislative Law, the choices of municipal legislative topics given to the districts are mainly based on three aspects: "urban and rural construction and management", "environmental protection", and "historical and cultural protection".

"The tourism industry is comprehensive and covers a wide range of areas, and has the advantages of being a first-mover pilot of local legislative work," said Chen Guogang, director of the National Law Office of the Legal Work Committee of the Standing Committee of the National People's Congress.

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According to the National Tourism Administration's deployment, in supporting and guiding the establishment of tourism legislative topics in the district-based cities, the National Tourism Administration plans to use a combination of "agreement items" and "optional items". On the basis of full communication, negotiate to determine a representative legislative project that is in line with local realities as a "propositional composition" and "prescribed action", and give key support and guidance; the second is to give full play to local enthusiasm, initiative, and creativity. Encourage prefectures and cities to in-depth study other feasible tourism legislative projects in accordance with their own realities, and promote tourism legislative work step by step, in a planned and focused manner.

In fact, many localities are conducting some useful explorations in accordance with their own characteristics, and have certain legislative conditions. They have also initially proposed legislative priorities such as global tourism, rural tourism, tourism resource protection, and market supervision, which basically covered local tourism legislation. Relevant aspects of authority have laid a certain foundation for the promotion of tourism legislation.

Qiao Jianzhong, an investigator of the Tourism Development Committee of Linfen City, Shanxi Province, said that the city actively adopted measures such as integrating internal resources of the department, digging out social resources, and absorbing industry resources, and hired some professional lawyers and professionals from relevant departments to form the "Linfen City Tourism Resources Development and Protection" Management Measures drafting group. The group takes the relevant laws and regulations of tourism and cultural relics as the main basis, and refers to the relevant laws and regulations. Before drafting and after the first draft is formed, it has repeatedly sought the opinions and opinions of relevant municipal departments, county (city, district) cultural relic tourism departments, representatives of the People's Congress, and members of the CPPCC. It is suggested that after several revisions and improvements, the draft "Measures" was finally formed.

"On November 21, 2016, the" Regulations on the Protection of the Ancient City of Huizhou in Shexian County "was officially promulgated and implemented, marking that Huangshan City has successfully completed the first local regulation after obtaining the legislative power, which is also the local legislative work related to the travel industry. An important breakthrough. "Bai Junhua said that in 2017, according to the legislative plan that Huangshan City has formulated, the city will also implement government regulations such as the" Administrative Regulations on the Management of Huangshan Scenic Spots ", as well as the Regulations on the Protection and Utilization of Ancient Buildings in Huizhou and the Landscape of Qiyun Mountain Two local regulations, including the regulations on protection and management of tourist areas, have accelerated the progress of legislative work related to tourism.

In addition to the exploration of legislative practice, various regions have also made a lot of explorations in terms of legislative guarantees such as personnel and institutions. For example, Xinxiang City established a special agency to ensure that full-time professionals are in place, and added special departments for policy and regulations, as well as special personnel, to clarify the department's powers and responsibilities and the promotion of legislation.

Breaking the bottlenecks and accelerating the progress of legislation

The reporter was informed that on March 20, after studying at the executive meeting of the Linfen Municipal Government in Shanxi Province, the "Measures for the Management and Development of Linfen Tourism Resources" have been adopted in principle. According to the legislative plan and implementation plan of the Linfen City People's Congress, the "Measures" will It will be implemented after being approved by the Shanxi Provincial People's Congress at the end of 2017. In 2018, the city will also start the drafting of travel-related regulations such as the Measures for the Management of Cultural Relics.

According to the 2017 legislative plan arrangement of Huangshan City, there are expected to be more than 4 related to tourism in the legislative plan of Huangshan City; according to the legislative plan of the Standing Committee of the People's Congress of Guilin this year, 6 local tourism regulations are included in the legislative plan of the city; Ganzi Prefecture ’s legislative work on global tourism has also been included in the 2017-2021 Legislative Plan of the Municipal People ’s Congress.

At the same time, tourism departments in various cities and municipalities currently lack specialized talents, professional knowledge and legislative experience in tourism legislation, and they are also generally facing problems in terms of policies, funds, systems and mechanisms, and urgently need support and supervision at the national level.

Bai Junhua introduced that Huangshan's tourism legislative work still faces many problems: first, the late start and narrow scope, and the legal provisions on the supervision of tourism operators and participants still need to be improved; second, there are some ills in the Huangshan tourism market. It is possible to implement normalized governance instead of headaches. Third, management methods, such as centralized administrative punishment power, supervision power, and daily management obligations, are still concentrated in the original department, and many new problems remain unsolved.

"At present, since the legislative work of the city with districts has just begun and the local tourism legislative work is still new, there are still major difficulties in legislative understanding, working methods, and legislative experience." Pang Tiejian said, first, the city The tourism department has not conducted systematic and in-depth thinking on tourism legislation, and there are no legal professionals. The second is that tourism legislative work requires strong organization and coordination to achieve it. The third is that the legislature needs to pass the People's Congress organs and needs to be legislated. Institutional support, etc.

Cui Hong analyzed the problems facing the current Xinxiang tourism legislative work: First, new formats such as outdoor, online, and rural tourism are in urgent need of regulation. There are still many gaps in market supervision. The legal system for market supervision such as farmhouses, tourism, and shopping needs to be improved. Tourism public services System construction and zero-negative tour fees, illegal advertising, and illegal construction of scenic spots are still difficult to supervise. The second is the system and mechanism issues. The deep-level, difficult, and key issues still lack top-level legislative design. Regulating the services and management of tourism departments at the city and county levels by means of the rule of law still requires enhanced supervision at the national and provincial levels.

In this regard, the relevant person in charge of the Policy and Regulation Department of the National Tourism Administration said that in the next step, for the places where tourism legislation has been determined, the National Tourism Administration will actively assist the municipal tourism department in formulating a tourism legislation work plan, clarifying the legislative tasks, schedules, etc. I hope that the tourism department of the city will actively seek the support of the legislative department at the same level; cooperate with the provincial tourism department to provide guidance and support through field investigations, key issue demonstration discussions, and exchange of legislative experience, etc .; Work to ensure progress and effectiveness in tourism legislation.

(Source: China Tourism News)

Guilin Tourism Quality Supervision and Management Office (guilin2800315)

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