Research On The Administrative Legislation Of China’s Civil Aviation

As one of the guiding and fundamental industries, civil aviation transportation industry is notonly a strategic industry promoting the rapid development of market economy but also an importantcomponent for our participation in international competition. Since the founding of new China in1949, the development of civil aviation has opened a new chapter. Especially since the reform andopening, China’s civil aviation transportation industry has achieved considerable development.Meanwhile, the aviation legal system has begun to take shape. In general, however, the level of "ruleof law" in China’s civil aviation can not satisfy its marketization. Compared with developed countries,China’s legislation on civil aviation transportation is relatively backward as certain aspects haven’tconformed with international standards yet, which directly hinders the development of civil aviation.Therefore, with the aim of improving the legislative control system of the civil aviation as well asbetter promoting its development, this paper starts with the theoretical basis of China’s legalregulation of civil aviation. And it puts forwards the feasible legislative proposals against thelegislation defects on the basis of administrative law theory and foreign advanced experience.This paper is composed of four parts. The first part is about the theoretical basis of theadministrative legislation of China’s civil aviation transportation industry. It starts with this industry’sdevelopment status, and then it elaborates its industrial characteristics and carries out a theoreticalanalysis of the administrative legislation of this industry. The second part mainly summarizes thehistorical evolution of the administrative legislation of China’s civil aviation transportation industry. Itsums up and analyzes the legislation during "the planned economy period ","the initial stage ofreform and opening","the period of separating enterprises from government management" and "therecombination of civil aviation transportation industry till now" these four stages. The third part putsforward the problems during the process of administrative legislation of civil aviation transportationindustry, pointing out the defects existing in legislative institution, legislation pattern and legislativecontents. The fourth part is about the suggestions to solve the above problems based on the third part.It elaborates the specific legislative suggestions on the basis of foreign advanced experience and ourcountry’s national conditions.