Research On Legal Of Flight Delay Of Airline Transport

With air transport growing consumer groups expanded,air transport enterprise operating capacity stretched,due to a lack of air transport management and coordination of other reasons,the event of flight delays become more generalized and normalized.However,the remedial effect of practice airlines are often unsatisfactory.We are trying to study the legal issues of air passenger traffic delays for making recommendations to improve China's "Civil Aviation" make recommendations.This article is divided into five chapters.The first chapter defines the airlines contract of carriage of passengers and the definition of flight delays.Based on air content of the contract of carriage of passengers of air transport carrier specific rights and obligations,one the one hand,it will limit the scope of this paper research.On the other hand,according to the specialty of air passenger transport contract to discover the corresponding consumer protection special ideas.Chapter two analyzes the international convention on flight delays and the related regulations of China and from the academic point of view,make the definition of flight delays,both the international convention for the understanding of flight delays.And reference can be summed up in the legislation of China the object of regulation.Secondly,the flight delays were classified in accordance with the provisions of international conventions,the distinction between reasonable and unreasonable flight delays.The third chapter demonstrates the carriage of passengers by air transport delay event the civil liability of the carrier,analyzes the flight delay happened after the carrier's liability for breach of contract and the imputation principle,starting from the two kinds of situations respectively define different imputation of flight delays.Firstly,in principle,flight delays make travelers loss,the carrier shall be liable for compensation.The carrier can prove it to take all necessary measures to avoid losses,the carrier may exempt from the corresponding liability.Secondly,whether it is because of reasonable delays,or unreasonable delay.Even with carrier have exemptions,but the carrier will need to take some accompanying obligations,proper arrangements for passengers.The fourth chapter inspects our country and other countries or regions about flight delays the carrier after the scope of compensation and the compensation standard of legislation,first of all,from the aspect of comparative law,investigation about other countries or regions flight delay after the regulation of air transport carrier's compensation standard,and then compared with the legislation in our country,in the hope of legislation in our country to draw lessons from the advanced experience of other countries or regions.The fifth chapter comes up with suggestions for the our country's aviation passenger transport delays and perfection of the legal system.Because our legislation is not perfect in this regard,I believe that China should make up our legal gaps in this respect from the legislation.First,flight delays need a clear definition.Second,the compensation standard of flight delays,our country needs to make detailed provisions by legislation.Finally,for the carrier's liability limit flight delays.These issues need to constantly improve the law.