游客教育立法刍议

20世纪70年代末,美国率先应用游客教育来管理游憩冲击。但时至如今,国内外还没有一部明确的法律保障有关部门依法行使游客教育权力。从分析游客教育的概念入手,明确了游客教育立法的内涵,阐述了游客教育立法的必要性、游客教育立法范围和游客教育立法的结构体系。指出游客教育立法是公民终身教育发展的必然产物,是提高国民环境意识的重要途径,是实现旅游公共价值的根本保障;它的立法范围主要包括学校、家庭、社会和旅游地干预体系等四大领域;在旅游生产力有了全面快速的发展、配套程度明显改善的当前,应该建立以游客教育法为核心,游客教育行政法规、旅游及相关部门规章、地方性游客教育法规为辅的游客教育法制体系。

On Visitor Education Legislation

Tourism industry has been known as a smokeless industry, however, it is not until the ecological environment had been getting worse that people began to realize that tourism has a bad impact on environment for the increase of the number of tourists. America has been taking the lead in controlling the recreation impact by educating the visitors in the late seventies in the 20th century, whereas, up to now, China has not enacted a specialized law to authorize any organization or institution to fulfill the education responsibility. Starting with the concept of visitor education, the paper redefines the connotations of visitor education legislation and discloses the necessity, scope and the structure of the legislation. It is advocated that visitor education is effective in protecting the environment and strengthening the management in tourism destinations and the education is necessary for the completion of visitor management legislation and an important resources for tourism industry cluster. The legislation aims to make clear the contents and responsibilities of the organizations and the corresponding rights as decision making and activities organizing, the obligations and rights of the visitors in the tourism destinations. The legislation is indispensable to the development of citizen＇s lifelong education. It is utterly important for visitor＇s awareness of environment alprotection, the wholesome of the current law and it protects the public interests of tourism. The legislation should cover tourism destination intervention as well as social education and the education in school and at home. With the development of the tourism industry and the corresponding service, it is necessary to enact a set of laws and regulations including administrative regulations, department rules and local decrees on visitor education legislation.