On The Legal Regulation Of Over-booking

Under the rapid development of China's socialist market economy,people's demand for air transportation continues to increase and the aviation transportation market continues to expand.Under such circumstances,the number of airlines in our country grows by large number,the competition between airlines intensifies,too.In order to compete for resources,enhance competitiveness and profitability,airlines began to learn from the advanced experience of foreign airlines about the revenue management and introduced over-booking into the system.Reasonable over-booking can not only help airlines reduce the empty seat rate and increase their operating profit,but also provide convenience for travelers in rush,which fits the principle of optimal allocation of resources.However,it is undeniable that while over-booking brings profit to airlines,it puts some passengers' right to board at risk.It is not long since China introduced over-booking into the industry,there still are many problems during practice.Since the first case of over-booking that happened in 2006,the society grows more and more familiar with the term over-booking,but the complaints grows with it,too.All kinds of relevant disputes appear on the newspaper frequently.The fundamental reason lies under this phenomenon is that people's understanding of the concept and essence of over-booking is biased.The way airline over-sells without telling the public and how they handle denied boarding certainly deepens the misunderstanding.This thesis tries to reveal the problems within the over-booking practice and put forward some countermeasures and suggestions on the legal regulation of over-booking in China,through the interpretation of the connotation of over-booking.Apart from the introduction and conclusion,this thesis is divided into four parts:The first part is the interpretation of the connotation of over-booking.This part analyzes the characteristics and key component of over-booking on the basis of a brief description of its concept,then explains the economic principles behind it and explores the rationality of its existence in order to fully demonstrate the connotation and significance of overbooking.The second part is the inspection of our country's current situation of the legal regulation of over-booking.This part firstly displays air passengers' dissatisfaction toward over-booking in our country through statistics of complaints to reflect that it is urgent to regulate over-booking.Then,it reveals the current situation of the legal regulation of over-booking in China from three aspects: the current situation of legislation,the current situation of industry self-discipline and the analysis of cases(judicial cases and administrative penalty cases).The third part is the analysis of problems existing in the current legal regulation status of over-booking.This part summarizes the problems existing in the legal regulation of over-booking in China based on the second part,and reviews the deficiencies in legislation and supervision.The forth part is the reflection on how to regulate over-booking.This part first analyzes the rules of over-booking in the United States and the European Union and summarizes the inspiration within,then based on that,the author puts forward the countermeasures and suggestions on the legal regulation of over-booking after analyzing the current situation of our country.