Right Dispute And Legal Relief Between Civil Subject And Airline

In the 21st century, aviation transportation business has entered a brand era. The innovation and development of aviation transportation necessarily requires the guarantee provided by relevant legal and regulations. The Warsaw Agreement made in 1929 and Chicago Agreement made in 1944 provided a consistent legal frame for harmonious development of worldwide aviation transportation. The Montreal Agreement made by International Civil Aviation Organization in 1999 provided a new legal frame for regulating the international aviation transportation business.With the high speed development of economic and scientific progress in China, the size of aviation transportation business becomes larger. At the same time, with the limitation of aviation technology and transportation service level, the disputes between the travelers and shippers with airways are frequently happened. In addition, existing legal system has many unreasonable and unfair conditions while handle these conflicts. Thus, it is necessary to discuss the obligation and right disputes between aviation carriers and travelers, shippers and victims arose during the aviation transportation period and it is also necessary to discuss the relevant disputes relief measures.As independent civil entity, obligation and right disputes between the travelers and shippers with the civil airways are mainly caused by flight delay, flight route change, injured during aboard and taking off the air craft, service defects for special travelers as well as flight crash accidents etc. that cause lose to commercial benefits, capital benefits, health benefits, spirit benefits, meeting benefits, goods benefits and expectation benefits of travelers. While disputes caused by flight crash accidents not only related with compensation affairs between the injured and dead travelers and airways, it also related with benefits disputes with third party victims on land.At present, the existing law uses Montreal Agreement and Civil Aviation Act to handle the disputes between these two entities arose during the international aviation transportation and domestic aviation transportation.