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A Discussion On Improving The Law System Of Air Passenger's Rights And Interests Protection In The Civil Aviation Law Of The People's Republic Of China

Posted on:2018-05-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:1366330563950926Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years,Chinese civil aviation passenger transportation industry is developing rapidly,the annual passenger transportation volume is growing rapidly in a ratio of about 10%.Flight is preferred by passenger because of its safety,convenience and comfort.But so far,in the practice of Chinese air passenger transportation,the safety,convenience and comfort can't perfectly meet the passenger's expection.The terrible aviation accident occurred frequently,which seriously threatened the passenger's life and health.The compensation liability limit system for personal injury caused by aviation accident limited the right of claim.Flight delay,flight overbooking and flight cancellation resulted in trip delay of passenger frequently,passengers should enjoy the speed of aviation transportation at a great discount.Sometimes passenger can't timely and exactly know the cause of trip delay and the fact of flight overbooking,and so on.Our country is committed to the transformation and leap from a big aviation country to an aviation power.In this process,the problem of air passenger's rights and interests protection is relate to the healthy development of the civil aviation passenger transportation industry,which has become one of the most important problems we have to solve.The Civil Aviation Law of the People's Republic of China(hereinafter referred to as the Civil Aviation Law),which was implemented since 1996,is the basic law of the civil aviation industry.The law focus on the protection of air carrier interests,the legal system of compensation for damage to the aviation passenger transportation is not perfect,lack of special chapters for protection air passenger's rights and interests,which can't adapt to the needs of the development of the situation and play its proper function.As the revision work of the Civil Aviation Law is in full swing,this article intends to conduct a special study on the improving problems of air passenger's rights and interests protection law system in the Civil Aviation Law,in order to design the concept for the protection of air passenger's rights and interests from the top-level,and promote the reform and improvement of the law system for the protection of air passenger's rights and interests,so as to promote the sustained,rapid and the healthy development of civil aviation passenger transportation industry.This article mainly discusses the improving problems of air passenger's rights and interests protection law system in the Civil Aviation Law from the follow five aspects: the general relationship for the protection of air passenger's rights and interests;the theoretical foundation for the protection of air passenger's rights and interests;the main problems of air passenger's rights and interests protection law system in the Civil Aviation Law;the law system and enlightenment for the protection of air passenger's rights and interests in the United States and European Union;the thinking for improving the law system of the air passenger's rights and interests protection in our country.This part mainly analyses the general relationship for the protection of air passenger's rights and interests from the follow several aspects: the relationship between air passenger's rights and interests and consumer's rights and interests;the relationship between air passenger's rights and interests and aviation safety;the relationship between air passenger's rights and interests and carrier's interests.Air passenger,as the consumer of aviation transportation industry,comply with consumer identity condition of legal status.Consistent with the relationship between air passenger's rights and interests and consumer's rights and interests,the Civil Aviation Law,as a basic law and special law in the civil aviation field,may be higher standards than the general law of the Law of the People's Republic of China on Protecting Consumer's Rights and Interests(hereinafter referred to as the Law on Protecting Consumer's Rights and Interests)to protect the air passenger's rights and interests,but not less than minimum standards for the consumer's rights and interests in the Law on Protecting Consumer's Rights and Interests.Safety is the eternal theme of civil aviation,aviation transportation Safety is the basis for the survival and development of civil aviation passenger transportation industry.The right of security is the passenger's fundamental right,and to ensure the safety of the passengers is the fundamental value pursuit on protecting air passenger's rights and interests.However,the right of security is not the all contents of passenger's rights,in ensuring the aviation safety at the same time,the need to strengthen the protection of other basic rights of passengers.There are not only the differences of interest forms between air passengers and carriers,but also the direct conflict of interest between them.But in fact,there is an interdependent relationship between air passengers and carriers.The Civil Aviation Law and the Law on Protecting Consumer's Rights and Interests shall provide legal support for the establishment of a positive interaction mechanism between air passenger's interests and carrier's interests.This part mainly analyses the theoretical foundation for the protection of air passenger's rights and interests from the follow three aspects: the humanism theory,the theory of vulnerable groups and the theory of state intervention.Fundamentally,humanism is philosophic cognition which takes people as the value and measure.To some extent,people oriented is the criterion of social civilization progress and all-round development.As a tool or mean to maintain and promote people's pursuit of the ideal life of happiness and people's freedom and all-round development,the Civil Aviation Law certainly should be a humanistic law.How to protect social vulnerable groups has become the current hot issues.Consumers are in the weak position relative to the operators,compared with other consumers air passengers are more vulnerable.The protection of social vulnerable groups is the basic requirement of realizing social substantive fairness and the appeal of humanism.The country has a strong political and economic resources,so it is more responsible,more capable,more efficient to realize the protection of vulnerable groups.In order to protect the rights and interests of air passengers,the air passengers in the weak position of consumers need the state intervention of economic law idea.This part mainly analyses the main problems of passenger's rights and interests protection law system in the Civil Aviation Law: the Civil Aviation Law focus on protecting the carrier's interests;there are lack of special chapter on protecting passenger's rights and interests in the Civil Aviation Law;the damage compensation legal system of passenger transportation is not perfect in the Civil Aviation Law.Development trend of World's Aviation Law is inclined to protect the rights and interests of passengers,the vulnerable group.However,the Civil Aviation Law,as the basic law of civil aviation industry,have made no specific response.In the social economic environment,the Civil Aviation Law focus on protecting the naive air transportation industry and the air carrier's interests.The Civil Aviation Law,as the basic law of the civil aviation industry,should be the basic law for protecting air passenger's rights and interests,but there are lack of special chapter on protecting passenger's rights and interests in the Civil Aviation Law.Although the Civil Aviation Law involved the provisions on protecting passenger's rights and interests in sections such as carrier's liability,but these provisions are too principle,no system,less directly to the legislative provisions for the purpose of protecting passenger's rights and interests.The right to claim,as substantive rights,is the last barrier to protect the passenger's rights and interests.However,the legal system of damages for passenger transportation is not perfect in Chinese present Civil Aviation Law.There is no clear and stable legal system expection to protect passenger's rights and interests.This part intends to analyze the legal system of personal injury compensation in aviation accident and the legal system of trip delay disposal for air passenger(flight delay,flight overbooking and flight cancellation),mainly related to the problem of compensation liability limit for carrier,the problem of mental injury compensation,the problem of safeguarding the right to know under trip delay,the problem of compensation under trip delay.This part mainly analyses the law system and enlightenment for the protection of air passenger's rights and interests in the United States and European Union.Undoubtedly the United States is the largest civil aviation power in the world.Europe is the birthplace of aviation transportation industry.The United States and the European Union are the most developed countries and regions in the world.The legislation and practice on protecting air passenger's rights and interests are relatively mature.Study on the related law system of protecting air passenger's rights and interests in the United States: the mode of flight delay management;the rule of flight overbooking;the protection of the right to know for air passengers;the protection of disabled passengers;the compensation of personal injury in the aviation accident.Study on the related law system of protecting air passenger's rights and interests in European Union: the liability of carriers in the aviation transportation;the protection of air passenger's rights and interests under flight rejection,flight cancellation,flight delay;the protection of special passengers group.Seeing air passenger's rights and interests protection legislation from the United States and the European Union,there are tilt protection and comprehensive protection for air passengers.They constantly adjust and update the regulations of passenger's rights and interests protection according to the changes of aviation transportation situation,the amendment of international treaties and the improvement of consumption level.The regulations are clear and strong operability.There are many lessons from regulations.There are some enlightenments for the protection of air passenger's rights and interests in the United States and European Union: pay attention to the protection of disabled passengers;ensure the right to know of passengers;the legal system of flight overbooking is perfect;it is clear to assist obligations for passenger trip delays.Although our country temporarily can't reach the same protection level as the United States and European Union,we should be based on national conditions and the truth of civil aviation passenger transportation industry draw the service quality,and maximize the protection of passenger's rights and interests.This part mainly analyses the thinking for improving the law system of the air passenger's rights and interests protection in the Civil Aviation Law from the follow several aspects: the Civil Aviation Law should be adhered to the passenger oriented concept;the Civil Aviation Law should be set up special chapter on protecting passenger's rights and interests;the Civil Aviation Law should be improved the law system of passenger transportation damage compensation.In the concept of protection passenger's rights and interests,the Civil Aviation Law should be conformed to the development trend that the world aviation laws is to protect the passenger's rights and interests of vulnerable groups.The Civil Aviation Law,as the basic law of civil aviation industry,should be adhered to the passenger oriented concept.The Civil Aviation Law should be protected rights and interests of disadvantaged air passengers through tilt protection,differential protection and assistance protection for air passengers.In the framework construction of protecting passenger's rights and interests,the Civil Aviation Law should be transferred from protecting the interests of the air carrier to concerning air passenger's rights and interests.The Civil Aviation Law air should be added the chapter“passenger's rights and interests protection”and the first section “air passenger rights” in this chapter.The Civil Aviation Law should be adjusted the relevant provisions of carrier liability in the original third section of the ninth chapter to the new chapter“passenger's rights and interests protection”as the second section “the carrier liability”.The Civil Aviation Law should be set the tone and Specified direction for important issues related to air passenger's rights and interests protection from the height of the basic law.In the aspect of improving the law system of passenger's rights and interests protection,the carriers should strictly implement an unlimited amount of strict liability for personal injury compensation in aviation accident,and carrier compensation scope should include mental injury compensation.We should construct the legal system of passenger trip delay disposal unifying flight delay,flight cancellation and flight overbooking to the passenger trip delay.At present,our country is implementing the strategy of constructing civil aviation power.With the rapid development of civil aviation passenger transportation industry,we will usher in the Airbus era.The article,through the research on the improving problem of passenger's rights and interests protection law system in the Civil Aviation Law,tries to analyze and construct concept and system of air passenger's rights and interests protection,and effectively protect the rights and interests of vulnerable groups of passengers.We expect it is helpful to the future development of Chinese civil aviation passenger transport industry.At the same time,due to the author's knowledge and ability limitation,the article expect to play the role that the social people come up with new ideas on protecting air passenger's rights and interests to some extent,so as to jointly promote sustained,rapid and healthy development of civil aviation passenger transportation industry in our country.
Keywords/Search Tags:the Civil Aviation Law, Air Passenger, Airlines, Carrier, the Protection of Rights and Interests
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