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| Notice by the Supreme People's Court, the Ministry of Justice, and the Ministry of Culture and Tourism of Legally and Properly Resolving Tour Contract Disputes due to the COVID-19 Pandemic | | 最高人民法院、司法部、文化和旅游部关于依法妥善处理涉疫情旅游合同纠纷有关问题的通知 |
| (No. 182 [2020] of the Supreme People's Court) | | （法〔2020〕182号） |
| The high people's courts and justice departments (bureaus), culture and tourism departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the High People's Court of Xinjiang Uygur Autonomous Region, the Justice Bureau of Xinjiang Production and Construction Corps, and the Culture, Sports, Radio and Television, and Tourism Bureau of Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市高级人民法院、司法厅（局）、文化和旅游厅（局），解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团司法局、新疆生产建设兵团文化体育广电和旅游局： |
| For the purposes of implementing the arrangements of the CPC Central Committee on coordinating the promotion of pandemic prevention and control as well as economic and social development, ensuring “stability on six fronts” and “security in six areas”, properly resolving tour contract disputes due to the COVID-19 outbreak, effectively accelerating the full restoration of economic activities and social life under the conditions of normalized pandemic prevention and control, sparing no time in addressing the difficulties and problems encountered during the resumption of work and production, striving to minimize the losses caused by the pandemic, and protecting the safety and health of the people, the relevant matters are hereby notified as follows. | | 为贯彻落实党中央关于统筹推进疫情防控和经济社会发展工作部署，扎实做好“六稳”工作，落实“六保”任务，依法妥善化解涉疫情旅游合同纠纷，切实保障在常态化疫情防控中加快推进生产生活秩序全面恢复，抓紧解决复工复产面临的困难和问题，力争把疫情造成的损失降到最低限度，保障人民群众生命安全和身体健康，现将有关事项通知如下。 |
| I. Basic requirements for handling tour contract disputes due to the pandemic | | 一、处理涉疫情旅游合同纠纷的基本要求 |
| 1. Enhancing the awareness of the overall situation. Tourism is a pillar industry of the national economy. Promoting the steady and sound development of the tourism industry is of great importance for supporting economic stability and growth and improving people's livelihood. The outbreak of the COVID-19 has been exerting a massive impact on the tourism industry, resulting in a surge in the number of tour contract disputes. Therefore, the culture and tourism departments, justice administrative departments, and the people's courts shall fully recognize the significance of properly handling these disputes, enhance the sense of responsibility, leverage the functional role of administrative organs and judicial organs in settling the disputes, and coordinate the handling of pandemic-related tour contract disputes, in order to provide services and guarantees for promoting sustainable development of the tourism industry, the economy and the society, and maintaining social stability. | | 1.增强大局意识。旅游业是国民经济的重要支柱产业，推动旅游业平稳健康发展，对于促进经济平稳增长、持续改善民生具有重大意义。新冠肺炎疫情给旅游行业造成巨大冲击，由此导致旅游合同纠纷数量激增。文化和旅游部门、司法行政部门、人民法院要充分认识妥善处理旅游合同纠纷的重要意义，增强责任意识，发挥好行政机关与审判机关化解纠纷的职能作用，协同处理涉疫情旅游合同纠纷，为促进旅游业与经济社会持续发展、维护社会稳定提供服务和保障。 |
| 2. Properly resolving disputes. The culture and tourism departments, the justice administrative departments, and the people's courts shall always take the law as the criterion, objectively, comprehensively and impartially determine the impact of the pandemic on tour operators and tourists in specific cases, and clarify the nature of legal relationship and the focus of disputes between the parties. On this basis, they shall balance the interests of all parties in dispute, take into account both the protection of the rights and interests of tourists and the development of the culture and tourism industry, actively and positively guide tour operators and tourists to settle their disputes by negotiating and reconciling with each other, mutually understanding and compromising, sharing risks and tiding over difficulties, so as to ensure that a majority of tour contract disputes will be resolved in a non-litigation manner and a good tourism market order will be maintained. | | 2.妥善化解纠纷。文化和旅游部门、司法行政部门、人民法院应当始终以法律为准绳，客观、全面、公平认定疫情在具体案件中对旅游经营者、旅游者造成的影响，在明确法律关系性质和合同双方争议焦点的基础上，平衡各方利益，兼顾旅游者权益保护与文化旅游产业发展，积极、正面引导旅游经营者和旅游者协商和解、互谅互让、共担风险、共渡难关，妥善化解纠纷，争取让绝大多数涉疫情旅游合同纠纷以非诉讼方式解决，维护良好的旅游市场秩序。 |
| II. Establishing a sound diversified resolution and coordination mechanism | | 二、建立健全多元化解和联动机制 |
| 3. Establishing a diversified resolution mechanism for tour contract disputes. The culture and tourism departments, the justice administrative departments, and the people's courts shall maximize the role of a diversified resolution mechanism for conflicts and disputes, continue to give priority to the non-litigation dispute resolution mechanism, and focus on resolving disputes at the sources and comprehensive resolution of disputes, so as to create a mechanism for joint actions in which the people's mediation, administrative mediation and judicial mediation can complement and coordinate with each other smoothly. The culture and tourism departments and the people's mediation organizations shall fully leverage their mediation functions, and organize mediation for disputes in a timely manner. The justice administrative departments shall arrange for lawyers to participate in the mediation for tour contract disputes. If a party in a dispute files a lawsuit, the people's court may, after obtaining the consent of the parties concerned, appoint or entrust a specially-invited mediation agency or specially-invited mediators to provide or with the mediation services. For simple cases for which mediation fails, the people's courts shall resolve the disputes through speedy trials and expedited proceedings, so as to ensure that disputes can be settled without delay by mediation whenever possible, or, if mediation fails, by trial. | | 3.建立旅游合同纠纷多元化解机制。文化和旅游部门、司法行政部门、人民法院应当充分发挥矛盾纠纷多元化解机制作用，坚持把非诉讼纠纷解决机制挺在前面，强化诉源治理、综合治理，形成人民调解、行政调解、司法调解优势互补、对接顺畅的调解联动工作机制。文化和旅游部门、人民调解组织应当充分发挥调解职能作用，及时组织调解。司法行政部门应当组织律师积极参与旅游合同纠纷调解，充分发挥律师调解专业优势。当事人起诉的，人民法院可以征得当事人同意后，通过人民法院调解平台，委派或者委托特邀调解组织、特邀调解员进行调解。对调解不成的简易案件，人民法院应当速裁快审，努力做到能调则调，当判则判，及时定分止争。 |
4. Providing smooth channels for collaboration and coordination in the resolution of conflicts and disputes. The culture and tourism departments, the justice administrative departments and the people's courts shall take the initiative to provide innovative services on the basis of combining law, reasoning and sentiment. All departments and all entities shall actively strengthen communication and coordination, share information, support each other, and join together to fulfill their tasks. The culture and tourism departments and the justice administrative departments shall communicate with the people's courts on new problems arising from complaints and mediation in a timely manner. The people's courts shall, together with local culture and tourism departments and justice administrative departments, study and analyze the ways of dispute settlement, and ensure the consistency of social and legal effects in the resolution of disputes.
．．．．．． | | 4.畅通矛盾纠纷化解的协作对接渠道。文化和旅游部门、司法行政部门、人民法院应当发挥主观能动性，在兼顾法、理、情的基础上主动服务、创新服务。各部门、各单位之间主动加强沟通协调，共享信息，相互支持配合，形成工作合力。文化和旅游部门、司法行政部门对投诉、调解中反映出的新问题应及时与人民法院沟通。人民法院与当地文化和旅游部门、司法行政部门共同研判纠纷化解思路，确保纠纷处理的社会效果和法律效果统一。
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