| With the national economic structure adjustment and low altitude opening more and more attention by the state, China’s general aviation began to develop gradually, but the disorder of general aviation has become a bottleneck restricting the development of general aviation. General aviation how healthy and steady development, has become the real problem facing the development of general aviation. In 2010, according to the State Council and the Central Military Commission issued "on deepening the reform of the management system of low altitude airspace opinions" (hereinafter referred to as observations), the low altitude airspace reform since 2011 began to promote the country, all over the country shipping industry started to carried out in full swing, the emerging field of general aviation has gradually become an important force in the development of the aviation industry. According to the July 2015 China Civil Aviation Administration the 2014 aviation industry development statistical bulletin "published data, as of the end of 2014, the enterprise of general aviation general aviation business certificate 239, general aviation companies airworthiness registered aircraft total to 1798 frame, which teaching training aircraft 486 frame and number of universal airlines, aircraft and personnel is accelerated growth. Although the nature of general aviation belongs to civil aviation, but different from the general public air transport enterprise, it is not to point to point of air transport as the main purpose, mainly responsible for the transformation of the industry and agriculture production function. To general aviation as part of the mode of production still belongs to new things in the aviation industry, in the early stages of development, subjected to various conditions of the restrictions, also exposed some realistic problems and legal issues, and the lack of legal system is particularly evident.The general aviation company governance as the focus of the study, from the angle of theory and practice analysis the status of general aviation company governance, and general aviation corporate governance laws and regulations exist deficiencies and problems, and try to put forward relevant suggestions from the aspect of law.At present, the legal system of general aviation company mainly by the "people’s Republic of China Aviation Law", "the people’s Republic of China People’s Republic of China company law and the Civil Aviation Administration of China issued the regulations of the general operation and flight rules" CCAR-91 etc. as the foundation, with the regulations of the other regulations and advisory notice, legal documents, such as a series of auxiliary consisting of legal system, current regulations of general aviation company set up, operation, supervision and inspection the made a more comprehensive provisions. However, there are still some problems, which to some extent limit the faster and more healthy development of General Aviation Corporation. The main problems include:First, the General Aviation Company Limited shareholders system easily lead to general aviation company governance of the highly concentrated ownership; because of the management mode of the public air transport enterprise in general aviation company replication, easy to lose the independence and flexibility; limit shares of general aviation company active degree.Second, laws and regulations of the General Aviation Corporation governance structure is not perfect, the board of directors and board of supervisors can not fully play its role.Third, the current general aviation legal system to guarantee the rights of general aviation company’s key staff positions, to achieve the protection to control the professional managers and flight, maintenance and other key operating personnel.In this regard, the need for improvement and perfection of the legal system of General Aviation Corporation’s existing governance.First of all, in order to encourage the investment of General Aviation Corporation’s investment enthusiasm, and the General Aviation Corporation ownership structure more reasonable, investment and operation should gradually encourage more shareholders to participate in the company’s business navigation.Secondly, the existing general aviation corporate governance laws and regulations should be the first in line with "the People’s Republic of China company law, the People’s Republic of China with the provisions of the civil aviation law, on the basis of gradually from provisions of the public air transport enterprises on internal governance structure, will improve the general aviation company board of directors, board of supervisors system construction.Finally, in order to achieve the goal of general aviation company, minority shareholders, flight, maintenance personnel and public security interests, should as soon as possible to improve the general aviation as a mechanism of production tools. How to make general aviation companies to better service industry and agricultural structure transformation and structural adjustment, realize China’s overall economic structure transformation, on the research current situation of our country in detail, can learn from the successful experience of the legal system of general aviation, improve general aviation specific provisions and stepwise refinement and concrete. Also, strengthen inspection and supervision of the operation of the General Aviation Corporation, to strengthen the enforcement of relevant laws and regulations.In the course of the study, not only the use of legal theory and knowledge, combined with research results of economics. The use of literature analysis, comparative analysis and other research methods, a large number of literature retrieval, and learn from the success of foreign related legal system of General Aviation Corporation. Through the detailed research on the problem of General Aviation Corporation governance law, tries to put forward the Legal Countermeasures of improving the governance structure of the company’s General Aviation Corporation. |
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