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The Legal Analysis On "the First Case Of Aviation Blacklist"

Posted on:2012-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:W F ZhengFull Text:PDF
GTID:2166330335970245Subject:Civil law
Abstract/Summary:PDF Full Text Request
"The case of aviation blacklist " which happened in 2008 has great social influence, and this paper tries to analyse the case and reveals the reasons and puts forward the countermeasures Clearly.This paper is divided into three parts:firstly, the proposition of the issue - the lawsuit of "the first case of aviation blacklist".The basic facts of the three specific questions which are reflected from the case:1, aviation companies for security reasons can be rejection of the passengers? 2, rejection is the case of Xiamen Airlines access to justice should be maintained?3, the rejection if it is wrong, whether the infringement of moral rights of passengers? And this can be the analysis for the following theoretical groundwork to do.Secondly, analysis of the problem-"the first case of aviation blacklist" of the Law.In this section, analyzing the view of the case of the three professors who are Yang Lixin, Cui Yuan and Liu Junhai.And put forward the point of view of myself:the court of first instance made a "regrettable" decision, and therefore the cases afterdoes not have a precedent effect; also establish a standard "black list" system as soon as possible.And in this part in the theoretical perspective of the civil law, mading a detailed legal analysis for the controversial focus of the case in the following three aspects:l,for labor disputes on the grounds that there is a potential threat to the practice of Fanhou Jun violation of their personality.2, Xiamen Airlines refuse to take passengers violated Fanhou Jun consumer rights and choice of travel tools.3, Xiamen Airlines and Fan Houjun signed "Mediation Submission" contrary to the principle of fairness.And ultimately concluded that the author put forward his own views: Xiamen Airlines refuse to take passengers violated Fanhou Jun's personality.Thirdly, problem solving - "the first case of aviation blacklist" approach.Before concluding this part of the text based on the status of the legislation to the case as a typical representative, the following measures with a strong legal feasibility of:1, Related Legislation; 2, supporting the establishment of legal mechanisms.
Keywords/Search Tags:aviation blacklist, Case analysis, countermeasures
PDF Full Text Request
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