中文摘要：

在我国,旅游景区经营权转让早已是不争的事实。然而,国家层面的相关调整多依靠政策进行,法律调整一直处于滞后状态;各地相关立法则各行其是,缺乏上位法支撑。而且,现有的法律调整模式存在上位法依据缺失、立法层级较低、立法理念落后以及法律适用不统一等不足。随着大旅游时代的到来,旅游景区经营权转让纳入国家统一立法轨道将势在必行。

英文摘要：

Transferring the operational rights of scenic areas exists objectively in our country.Official policies have played more important role than legal adjustment in central division for many years.Many provinces have made rules to adjust transferring the operational rights of scenic areas with no higher-level law to support them.Moreover,there are many defects in current legal adjustment system such as the absence of law of higher levels,local statutes lying in a low legal level,limitations of legislative concept and disunity of the application of law.According to the coming era of the great tourism,it is the highest priority to unify the operational right transfer of scenic areas by legal adjustment.