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旅游纠纷案件案由的确定是人民法院的职权。当事人选择案由仅仅是在请求权竞合情形下对已确定的案由的挑选。旅游者在遭受人身损害情况下,既可以选择违约之诉,也可以选择侵权之诉来维护自己的合法权益。但是,请求精神损害赔偿的只能提起侵权之诉。同时,由于受诉法院不同,对旅游者人身损害赔偿的标准以及对精神损害赔偿请求的支持也往往不同。
The determination of the cause of a travel dispute case is the power of the people’s court. The choice of parties is based on the selection of the identified case only in the context of the competing claims. In the case of personal injury suffered, tourists can choose not only to complain of breach of contract, but also to choose infringement suit to defend their legitimate rights and interests. However, a claim of moral damages can only be brought against infringement. At the same time, the standards of compensation for personal injury to tourists and their support for requests for compensation for mental damages are also often different, due to the different courts of appeal.