论我国旅游合同瑕疵担保责任的建立

瑕疵担保责任是指违反瑕疵担保义务所承担的民事责任，它是买卖合同中的一项法定责任。由于旅游合同是有偿合同，根据公平原则，也应该建立瑕疵担保责任。同时旅游合同还有其特殊性，为了更好地保护旅游者的利益，我国很需要建立旅游合同的瑕疵担保责任。对于如何建立，可以借鉴德国和中国台湾的一些相关规定。

On the Establishment of Blemish Assured Responsibility in China's Tour Contract

The blemish assured responsibility means that somebody should take the civil responsibility if he (or she) violates the blemish assured duty.It's a legal obligation of the business contract. Because the tour contract is a compensable contract,it should establish the blemish assured responsibility based on the impartial principle. And tour contract has its peculiarity and we need to establish the blemish assured responsibility in the tour contract to protect the tourist's interests. As to how to establish the assured responsibility we can use some relevant regulations in Germany and in Taiwan of China for reference.