A Study On The Rejection Power Of Air Carriers

Rejection phenomenon airline passengers are not uncommon in the aviation industry in China, which triggered lawsuits are increasing. Among them, the Fan Hou Jun v. Xiamen Airlines rejection infringement case caused an uproar in the community and the widespread concern, known as China's first "black air" caseâ‘ . As our country there is no rejection on the air carrier the right to legal norms, between airlines and passengers caused by the rejection of disputes can not be effectively resolved through legal channels. Therefore, a clear rejection of air carriers are entitled to the right will no doubt better protect the legitimate interests of airlines and passengers, it will make more perfect our aviation legislation.In this paper, rejection Fan Hou Jun Xiamen Airlines specific cases to analyze the existence of air carriers the right to reasonable rejection, standardize and improve the air carrier made the right recommendation rejection. This article is divided into introduction, first chapter, Chapter II, Chapter four parts.The first chapter, "Overview of air carriers that related to rejection," rejection of the concept of the right of air carriers, legal nature, as well as air carriers to make the legal status of the right to refuse hire a detailed explanation. Chapter II, "the right to air carrier rejection and the theoretical basis for the existence of necessity," both from the practical and theoretical rejection of the air carrier the right to analyze the possibility exists that air carriers can enjoy the right to refuse hire to tourists, but to be limited. Chapter III "on the strengthening of the right of air carriers rejection of Legislation on" Reference USA, Canada, the right of legislative experience in air carrier rejection, from the proposed legislation and institution building to strengthen the air carrier rejection rights legislation of some of the ideas and specific measures.