On The Flight Delays Of Legal Regulation

With the quick development of civil aviation，air transport，widely used by people，gradually become an important way of transportation with its quick advantage。Butbecause of the particularity of the air transportation, flight delay phenomenon occursfrequently, not only bringing passengers such questions as missing business opportunitiesand increasing the cost,but also having some impact on the airline’s economic interest.Flight delay is becoming a worldwide problem in air carriers and passengers. Now,conventions in the world do not make a clear definition. The obligation andresponsibility after flight delay is just to court to solve method.In our country, the civil aviation act do not make a system and specific rule for thedefinition of flight delay, the division of responsibilities, liabilities of the way, thelimitation of liability issues, or regulation is so principle, general, not unified, lack ofmaneuverability, that,to a certain extent, it makes hard resolve many problems caused bythe delay in the framework of the law. In practice, there are differences of theunderstanding of the rules between air carriers and passengers due to their differentposition, causing contradiction growing on both sides. Because of their legal status, aircarriers are relatively strong to not actively to fulfill their obligations, and passengers aredifficult to legitimate claims to maintain their own rights and interests. When disputesoccur, passengers in order to win the negotiations, often extreme even illegal manner andform a vicious circle, seriously affecting the passenger travel and the harmoniousdevelopment of civil aviation. Because of this, the author thinks that the construction ofthe legal responsibility after the flight delay will have an very important theoretical andpractical significance on the improvement of the dispute caused by the delay andbuilding a harmonious domestic airline.This paper is divided into four parts: the first part introduces the flight internationaland domestic legal regulation from the international and domestic two aspects, the legalconnotation of the delay is theoretically investigated, tring to pass on the basis of clearly defined theory of flight delays to analyze the influence factors and then have a scientificclassification, flight delays are divided into reasonable delays and unreasonable delays,and the legislative status of flight delay in our country is introduced; The second partfurther discusses about flight delays and the applicable law for the carrier and thepassengers, from the perspective of the air passenger applicable legal relationship, andanalyzes the international flight delay legal relationship problem; Imputation principle offlight delays is further discussed, and then clarify the difference between reasonabledelay and unreasonable delay, emphatically discusses the unreasonable delay in the caseof legal liability problem; The third part focuses on the collateral obligation of airlineswithin the reasonable delay, introduces the airlines with specific obligations as much aspossible to solve the problems after reasonable flight delay, from the perspective of thecivil law basic principle,; At last referring to other countries in the world for referenceof relevant laws and policies, the judicial referee, against the current situation oflegislation and practice about delays in our country, points out its existing problems; Andcombined with China’s national conditions, give full consideration to the interests of theair carriers and passengers to suggestions from the perspective of law and policy to solvethe dispute caused by flight delay,in order to benefit the judicial practice.