A Comparative Study On The Right Protection Of Special Passengers In Civil Aviation

With the development of aviation industry, more and more passengers choose civil aviation for their trip. Among them, the number of the disabled, elderly, children unaccompanied with adults, the escorted suspects and other special passengers is increasing rapidly. Methods to protect their rights should be different from the general passengers. Although international organizations and domestic laws related have attempted to define special passengers, there has not yet formed a unified classification on it. With respect to the protection of the special passengers, international organizations and nations' domestic laws related mainly focuses on the protection of the disabled, stipulating a large amount of relatively mature and comprehensive provisions. Chinese provisions, however, are too general, lacking of a complete legal system and effective procedure to support in the implementation. By comparing the legal experience on this subject of different nations, the author discusses the shortcomings of our domestic laws and raised several suggestions to improve.The first chapter is an introduction, clarifying the background and significance of the subject, references, purpose, content and the innovation of the research. The second chapter compares the methods of definition applied by the national relevant laws, pointing out that the concept of special passengers should be modified. The third chapter points out the legal basis of the protection of special passengers. The forth chapter compares different provisions issued by international organizations and domestic laws related on the protection of special passengers' rights and makes comments on their legislative techniques. The fifth chapter analyzes the status of our domestic law. Finally, on the basis of chapter four and five, chapter six lists several drawbacks and raises legislative suggestions on the rights protection for special passengers.