Strengthen Cultural and Tourism Law Enforcement Penalties to Leverage the Deterrent Effect of Typical Cases
This year, the 31st Summer Universiade will be held in our province. To foster a sound cultural tourism market environment, our prefecture has continuously intensified law enforcement efforts, thoroughly carried out rectification actions in the cultural tourism market, and severely cracked down on illegal and non-compliant behaviors in the tourism market. The typical cases investigated and handled by the cultural tourism departments are hereby published as follows:
Case 1: An International Travel Agency Co., Ltd. Ordered Products and Services from Unqualified Suppliers.
【Case Summary】On July 19, 2021, the Jiuzhaigou County Scenic and Historic Interest Area Administration transferred a 《Case Transfer Letter》, which indicated that on June 23, 2021, a certain international travel agency Co., Ltd. organized a group of tourists to stay overnight within the Jiuzhaigou Scenic Area. This act was suspected of violating Article 34 of the Tourism Law of the People's Republic of China: "Travel agencies shall order products and services from qualified suppliers when organizing tourism activities." Law enforcement officers immediately initiated an investigation.
【Penalty Result】After verification by law enforcement officers, the international travel agency Co., Ltd. violated Article 34 of the Tourism Law of the People's Republic of China: "Travel agencies shall order products and services from qualified suppliers when organizing tourism activities." In accordance with Article 97 of the Tourism Law of the People's Republic of China, it was decided to order the party to rectify, confiscate illegal income of RMB 300, fine the international travel agency Co., Ltd. RMB 5,000; fine the directly responsible supervisor and direct responsible person of the international travel agency Co., Ltd., Liu Moumou, RMB 2,000, and make a public announcement.
【Case Analysis】Some travel agencies, in order to "save costs", cooperate with unqualified suppliers to order products or services including catering, accommodation, transportation, etc. The tourism products and services provided by these unqualified suppliers are often of poor quality, easily endangering the personal and property safety of tourists. Article 34 of the Sichuan Province Tourism Regulations states: "Travel agencies shall order products and services from qualified suppliers when organizing tourism activities." Law enforcement and regulatory authorities will resolutely crack down on all types of illegal acts that harm the interests of tourists. As tourists, they should have the courage to protect their own rights and interests. They should join tour groups with qualified travel agencies and sign tourism contracts with the travel agencies, clearly agreeing on relevant service standards.
Case 2: E Mou Engaged in Tour Guiding Without Obtaining a Tour Guide Certificate.
【Case Summary】On May 1, 2021, when law enforcement officers conducted a legal inspection on travel vehicles passing through and exiting the Wenchuan North Expressway Exit of the Dujiangyan-Wenchuan Expressway in Weizhou Town, Wenchuan County, they found that E Mou, the tour guide accompanying the tour group of a certain Chengdu international travel agency, could provide electronic itinerary sheets and other relevant team qualifications, but could not produce his own tour guide certificate. E Mou was suspected of engaging in tour guiding without obtaining a tour guide certificate. Law enforcement officers immediately initiated an investigation.
【Penalty Result】After verification by law enforcement officers, the evidence that E Mou engaged in tour guiding without obtaining a tour guide certificate was sufficient. His behavior violated Article 39 of the Tourism Law of the People's Republic of China. According to Article 102 of the Tourism Law of the People's Republic of China, the Wenchuan County Comprehensive Administrative Law Enforcement Bureau ordered the travel agency to correct its illegal behavior, confiscated illegal income of RMB 185, imposed a fine of RMB 5,000; imposed an administrative penalty of a fine of RMB 1,000 on E Mou and confiscated illegal income of RMB 600; and imposed an administrative penalty of a fine of RMB 2,000 on the person in charge of the travel agency.
【Case Analysis】When choosing a tour group, please select a regular, qualified tour group and sign a corresponding tourism contract. For the qualifications of tour guides, you can verify the authenticity of tour guide qualifications, travel agency qualifications, and electronic contracts through the website of the National Tourism Supervision and Service Platform to ensure travel safety is guaranteed.
Case 3: A Certain Internet Café Failed to Check and Register the Valid Identity Documents of Internet Consumers in Accordance with Regulations.
【Case Summary】On January 5, 2022, when law enforcement officers from the Xiaojin County Cultural Market Comprehensive Administrative Law Enforcement Team conducted a legal inspection on a certain internet café, the Internet user at computer No. 35, Lei Mou, used someone else's identity document to register for Internet access, which did not match his own identity. The internet café was suspected of failing to check and register the valid identity documents of Internet consumers in accordance with regulations. Law enforcement officers immediately initiated an investigation.
【Penalty Result】After verification by law enforcement officers, the fact that the internet café failed to check and register the valid identity documents of Internet consumers in accordance with regulations was confirmed. Its behavior violated the provisions of Article 23 of the Regulations on the Administration of Internet Access Service Business Premises. According to Article 31 of the Regulations on the Administration of Internet Access Service Business Premises, the internet café was ordered to immediately cease its illegal behavior; a fine of RMB 2,000 was imposed, and a public announcement was made.
【Case Analysis】Real-name management in Internet access service business premises is the most effective measure to control teenagers' Internet access. Such cases are representative illegal acts of Internet access service business premises operators in their operations, indicating the operators' weak legal awareness and lack of understanding and attention to relevant laws and regulations. Through the penalty in this case, operators are made aware of the seriousness of illegal operations, and it also serves as a warning to other operators.
Case 4: A Certain Bookstore in Jiuzhaigou County Published Other Illegal Publications.
【Case Summary】At 19:00 on January 19, 2022, law enforcement officers received a report that a certain bookstore in Jiuzhaigou County was suspected of selling pirated books "Twenty Thousand Leagues Under the Sea" and "Rickshaw Boy". At 10:10 on January 20, 2022, law enforcement officers conducted a legal inspection on the bookstore in Jiuzhaigou County and sampled the books "Twenty Thousand Leagues Under the Sea" and "Rickshaw Boy" for evidence.
【Penalty Result】After appraisal, the books "Twenty Thousand Leagues Under the Sea" and "Rickshaw Boy" sold by the bookstore in Jiuzhaigou County were determined to be illegal publications. This act violated Article 20 of the Provisions on the Administration of Publication Markets. According to Article 32 of the Provisions on the Administration of Publication Markets and Article 65 of the Regulations on the Administration of Publication, it was decided to order the party to cease the illegal act, issue a warning; confiscate 25 copies of illegal publications including "Twenty Thousand Leagues Under the Sea" and "Rickshaw Boy"; confiscate illegal income of RMB 33, and impose a fine of RMB 3,000.
【Case Analysis】According to the Regulations on the Administration of Publication and other laws and regulations, illegal acts of selling illegal publications are investigated and punished according to law and made public. In the next step, we will continue to strengthen the inspection of the publication market, increase the rectification efforts against "illegal publications", and investigate and punish illegal and non-compliant acts of publication business units according to law.
Note: The images in the article were taken by law enforcement officers during routine inspections and do not involve actual parties to the illegal acts. Please do not make assumptions. All images are from the Aba Prefecture Bureau of Culture, Sports and Tourism, and the final interpretation right belongs to the Aba Prefecture Bureau of Culture, Sports and Tourism.
Proofread by: Leng Wenfu
