The Research On Flight Delay In Civil Aviation Transportation

Due to its convenience and efficiency, Air transport meets the demands of the fast travel.But the emergence of flight delays which people criticized so much makes this superioritygreatly discount. The terminology of delay appears since1929, in the internationalconventions, and domestic and foreign scholars on the concept of flight delay have notstopped the controversy. However, by now there has not formed a unified understandingabout flight delay yet. This also seriously affects the legislative process, especially in China.In order to improve the development of civil aviation industry, the government held thelegislative conservative ideas of legislation on flight delays, and there are obvious lags, whichnot only affect the interests of passengers, but also limit survival and development of airtransport in an increasingly competitive environment. On the other side, there are increasingdisputes due to flight delays caused by the aggressive behavior of visitors on the flight delays,which impose new challenges to legislative and judicial activities.In essence, the air transport contract is actually a contract between the carrier, thepassenger or consignor. The legal nature of the flight delays is of the contract of carriage inperformance. In this article, the writer use traditional civil law, especially contract law theory,combined with the special legal provisions of international and domestic air transport, in orderto discuss the problem of China’s air transport flight delays. This article consists of five parts:The first part introduces the flight delays definition and ways to judge, including:international treaties on flight delays, flight delays definition in the view of law interpretation.Therefore, flight delays should be defined as: over the normal departure time, or takes morethan the normal time, and the definition of normal time should be reasonable made.The second part is about the reasons causing flight delays, mainly include: air trafficcontrol reasons, passengers reasons, the airport reason and so on. Some relevant legislativeand regulatory provisions of the reasons for flight delays are also reviewed.The third part is to introduce the current legislation on the civil liability of flight delays.This part introduced China’s major laws and regulations on flight delays, adjust.The fourth part is to introduce the current judicial practice. This part analyzes sometypical cases, in order to identify difficulties in identify flight delays responsibility.The fifth part introduces the deficiencies and improvement of aviation law. The author focuses on the status and deficiencies in the present law, and puts forward a dispute settlementMechanism and suggest on improving aviation law.