Research On Mandatory Contracting Obligation Of Civil Air Carrier

“Fan Houjun vs Xiamen Airlines” is called as “The first case of aviation blacklist” andhas a great influence on legal profession. Although the case has been handed down, but thedebate is not ended. This paper focuses on the case, analysis forced contracting obligations ofcivil air carriers.Recently, the relationship between airlines and passengers is intense. It has constrainedthe development of China’s civil aviation industry. Public transport airlines bearing forcedcontracting obligations is one of the basic principles on contract law. The airline is one ofpublic transport carriers,so airlines has no right to refuse passengers’ transport requirements.But, if passengers carry out risk behaviors or other illegal actions and create the possibility toendanger public safety, or passengers themselves do not fit to fly,at this time, airlines hasrights to refuse these passengers to board the aircraft.This paper attaches importance to researching litigant’s legal relationship.It is divided intofour parties.1, Introduction of “the first case of aviation blacklist” and legal scholars’ viewson this case.2, The content of airlines’ mandatory contracting obligations.3, The exemptionof airlines’ forced contracting obligation and duty of performance.4, Airlines’ civil liability ofviolating the mandatory obligations.This paper starts from “the first case of aviation blacklist” and integrates scholars’commentary, hold that airlines may refuse passengers’ transport requirement. Air transport hasa big risk. Once an aviation accident happens, huge losses will generate. Civil aviation’ssecurity is also most stringent in the field of public transport. Therefore, law authorizesairlines refusing hire passengers whom have possibilities to harm aviation safety..In addition,carriers’ obligations include mandatory contracting obligation and mandatory fulfillingobligation.The next, this paper tries to summarize legitimate and reasonable matters ofairlines refusing hire passengers and summarize the legal procedure of carriers exercise thisright.At last,this paper analysis airlines violating the mandatory obligations shall bear the civilresponsibility.