New Textual Research On Legal Issues Of Air Passenger Blacklist

Aviation enterprises set up passenger "blacklist" is the maintenance of civil aviation safety and order,basic measures of uncivilized behavior within the constraints.This system introduced in our country is not a long time,the practice has caused many lawsuits and disputes,reflects the lack of relevant legal system."China's civil aviation passenger blacklist despite the necessity of legal system and practical jurisprudence on,but the current system identification procedure in the determination of the subject,and relief measures and other aspects of defects still exist.At present,the discussion on this issue is not a lot,there is a vacuum.Many domestic legislation is not perfect,the main to the civil Aviation Administration Supervision and management rules and regulations The relevant laws and regulations are very few,which has created some potential significance and value for this study.This paper gives a brief introduction of air passenger blacklist;then about the contradiction between passenger blacklist and compulsory contracting,including restrictions on aviation safety under the freedom of contract and the corresponding carrier,also discusses the violation of the compulsory contracting obligations should bear the responsibility;and then discussed the aviation passenger blacklist with passenger rights,mainly in the Xiamen aviation blacklist case,analysis of the personality right and the right to choose the blacklist is a violation of the passengers;and finally puts forward some suggestions to perfect the passenger blacklist system,including perfecting the principles and procedures of making the blacklist and the relief into the black list of passengers.Aviation safety factors based on the consideration of air carrier rejection rights,but the passenger blacklist should be strict audit supervision mechanism,open and careful procedures identified,complete operation of the relief system as a guarantee,otherwise prone to arbitrariness,is not conducive to the protection of legitimate rights and interests of passengers.Exemptions should be clear the carrier of compulsory contracting,the implementation of the program and improve the "blacklist" system,rights protection mechanism optimization legitimate rights and interests of blacklist personnel,in order to make air transport activities more orderly.