沙发客旅游分为互助旅游和互惠旅游,分别由旅游合同和好意施惠构成。国内互助互惠旅游规则不完善,新《旅游法》也没有专门针对互助互惠旅游的规定,导致诸如沙发客侵犯沙主财产和沙主侵害沙发客人身权利等案件的发生。立法应当科学界定互助互惠旅游,明确旅游参与者的权利义务,在完善法律制度的基础上构建信任评价机制,设立专门的旅游监管部门,结合旅游保险制度,共同维护互助互惠旅游者的权益。 Couch tourism is divided into mutual assistance tourism and reciprocal tourism, respectively, by the tourist contract and the goodwill benefits constitute. The domestic mutual aid and tourism rules are not perfect. The new Tourism Law does not specifically provide for mutual assistance and tourism. This has led to the occurrence of such cases as the infringement of Shazhu property by the sofa guests and the infringement of the rights of the sofa owners by the Shazhu. Legislation should define mutual benefits and mutual benefits for tourism, clarify the rights and obligations of tourism participants, establish a trust evaluation mechanism based on the improvement of legal system, set up a special tourism regulatory department and jointly safeguard the rights and interests of mutual aid tourists with the tourism insurance system.