The Legal Analysis Of The Case Lanying Zhu Sues The Air Carrier About Not Taking Passengers Of The Disabled

It has been widely noted by public opinions and academic that the case disabled Lanying Zhu was refused to take passengers by the airline. Finally, it was end up with the airline lose the lawsuit. This breach of contract lawsuit reflects the existing law’s incomplete in protecting the right of the disabled to take an airplane equally. This article believes that the establish of the law was always behind the social development, as a country under the rule of law, have an impeccable law system is necessary in developing of legal construction. In order to solve the problem reflected in this case, and make it more impartial in judicial handing, it is necessary to give the judge any discretion so that the fairness and justice can be realized. As a burgeoning industry, the civil aviation industry needs to be given any rights of refusing to take passengers to protect the public security. But the right of vulnerable groups also needs to be protected, so it must be strict control and prevent abuse of power that may damage the disable’s legal interest. Social consensus usually can make an influence that can not be ignored to a case. The balance between common sense and legal principle is very important, only complete law system can achieve equilibrium between them, and reduce the contradictory intensify.Direct at this case, the main focus of dispute of all sectors of society is, first, if the airline violates compulsory contracting. Second, if the disabled that refused to be taken have rights to ask for moral damage compensation. Third, if the airline has right to refuse to take passengers. By analyzing the main focus dispute, this article make a further reflect on the legal question that exist in this case, including the contradictory between the right guarantee to the disabled and public security protection; the legal analysis for airline refuse to take passengers, and the problem exist in our country’s civil aviation disability passenger transportation regulation. Then come up with my opinion. For example, control the exempt of compulsory of the airline to the disabled passengers. Complete the malpractice exist in the disabled air transport method, and reinforce the development of the disabled barrier-free facilities to make the disabled can take the airplane more convenient.