摘要:境外游客特指“来我国大陆旅游的外国人、华侨和港澳台居民。”造成境外游客人身损害的原因有旅游服务机构的过错、游客自身的过错、第三方过错和不可抗力多种方面。境外游客人身损害赔偿具有不同于一般游客的特点:赔偿权利人特殊、致害成因复杂、责任涉及多主体、标准较难确定和时效要求高。当前解决境外游客人身损害赔偿争议主要是以《中华人民共和国涉外民事关系法律适用法》为法律依据,其赔偿标准的确定应该考虑多方面的因素:其在中国大陆停留期间、归国期间和经济发展水平。为妥善解决境外游客人身损害赔偿争议,有必要采取一些专门的法律措施:加快旅游立法、调解为主诉讼为辅、规范管理和强化监管。%The term‘foreigner tourists’refers to foreigners, overseas Chinese and citizens of Hong Kong, Macao & Taiwan that come to mainland China for sightseeing. Personal injury for foreign tourists is caused by many aspects like faults from travel service agency, tourists, the third party as well as force majeure. Personal injury compensation for foreign tourists has some characteristics that are different for general tourists. Firstly, compensation right-holder is special. Secondly, the causes of injury are complicated. Thirdly, liabilities for compensation are involved in many subjects. Finally, it’s rather hard to identify the standard and timeliness is demanding. At present, the solution to the dispute over personal injury compensation for foreign tourists is mainly based on the Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China. Many factors should be taken into consideration when the criterion for compensation is determined. For example, we have to consider how long the foreign tourist stays in mainland China, how long he stays in his country and the levels of economic development. To properly resolve the dispute over personal injury compensation for foreign tourists, it’s necessary to take a number of special legal measures such as speeding up the legislation of tourism law, mediation based on lawsuit, standardized management and intensified supervision.