Sustainable Tourism Law

726 SUSTAINABLE TOURISM LAW In such development, the “ unity of the social economic and ecological benefits” are fundamental guiding principles, under which participants are required “…to make rational use of tourism resources in accordance with law under the premise of effective protection of tourism resources” (Article 4). The State (i.e. mainland China) shall “ …improve public services for tourism, and protect the rights of tourists in tourism activities in accordance with the law” (Article 3), and “…advocate a healthy, civilized and environmentally-friendly forms of tourism, provide support for and encourage various social institutions to carry out public welfare publicity of tourisms” (Article 5). With respect to other stakeholders, “ [s]ightseeing spots that are constructed by using public resources shall reflect the nature of public welfare ” (Article 4), and “[t]ourism operators shall operate in good faith…undertake social responsibility, and provide safe, healthy, hygienic and convenient tourism services for tourists” (Article 6) 106 . These purposes seem to originate from a set of department rules 107 issued in 2000 by the CNTA, namely the Measures for the Administration of Tourism Development Planning 108 . It remains in force of law and has survived the abolishment of the CNTA. Under these rules, measures shall be devised to facilitate a healthy and sustainable development of tourism in China (Article 1). Any development planning, including resource exploitation and project development, shall move towards sustainable development of tourism, protect resources and the environment, prevent pollution and other harm, reasonably utilise local resources and enhance tourism safety and eco-efficiency (Articles 3 and 4). Since the enactment of the CTL, the State Council has, in 2014, issued an opinion piece (with the force of law) on tourism development: the “Several Opinions of the State Council on Promoting Reform and Development of the Tourism Industry” 109 . As a far-reaching and lengthy plan, the State Council indicates an extensive list of ambitious objectives and meticulous strategies (with an annex table designating duties and respective deadlines). Those objectives are, for example: 106 See further, e.g. 旅遊法律糾紛處理依據與解讀 (2016) 北京市 法律出版社 . Legal criterions and interpretations on solving tourism disputes (2016) Beijing Shi, Law Press China (English title). 107 部門規章 or 部門规范性文件 (Chinese). It is sometimes also translated as “administrative measures”. 108 旅遊展規劃管理辦法 (Chinese). Nr. 12 [2000] of CNTA, October 26, 2000. Nr. official English translation of its contents is provided. 109 國務院關於促進旅遊業改革發展的若干意見 (Chinese). Nr. 31 [2014] of the State Council, September 8, 2014.