导游行为失范已经成为旅游业界和广大公民面临的毒瘤,其行为表现在迫购、辱骂游客等几个方面;文章从香港导游骂死大陆客、云南导游持刀威胁等几个引发广泛争议的案例出发,经过问卷调查和实践调研,发现导游行为失范的原因可以归纳为恶性市场竞争、行业潜规则、质监不到位等几个方面;并就其引发的民事、行政、刑事法律关系做了剖析,最后尝试性的提出了规制对策构想:第一,立法指引旅游行业一体化管理、明确质监部门职责、增加违法成本;第二,加强行政与社会监督;第三完善行业救济、行政救济、司法救济等救济制度。 The misconduct of tour guides has become a malignant tumor faced by the tourism industry and the general public. Its behavior is manifested in several aspects, such as forced purchase and abuse of tourists. Several articles that have caused widespread controversy include Hong Kong tour guides cursing mainland tourists and Yunnan tour guides with knives and threats. Starting from questionnaires and practical research, we find that the reasons for the misconduct of tour guides can be summarized as the vicious market competition, unspoken rules of the industry and the lack of quality supervision. The author also analyzes the relationship between civil, administrative and criminal matters Finally, the conception of regulation and control is put forward tentatively. First, the legislation guides the integrated management of the tourism industry, clarifies the responsibilities of the quality supervision departments and increases the illegal costs. Secondly, it strengthens the supervision of the government and society. Thirdly, it improves the industry relief, administrative relief, Judicial relief and other relief system.