On The Perfection Of The Passenger Transport Contract

Since the nineties of the twentieth century,China's passenger transport infrastructure construction and operation of the service quality has been rapid development,along with this leap,passenger transport contract delays in transport and other carriers breach of contract is common,and widely publicized The concept of socialist rule of law into the various households,to strengthen people's awareness of the rights of people,the quality of passenger transport services put forward higher requirements,so the contradiction between the passenger and the carrier has increased unabated.Among them,the main cause of the dispute is that the passenger transport contract delay performance,the carrier did not fulfill the obligation to inform,limit the refund,etc.,and these most basic and most common passenger transport contract issues in China's laws and regulations,although the provisions of the existing laws and regulations Especially as the general law of the "Contract Law" on the protection of the legitimate rights of passengers is not thoughtful,can not effectively promote the carrier to fully fulfill its contract obligations,that is to improve the quality of service,improve the punctuality rate,this phenomenon is not conducive to the carrier The protection of the legitimate rights and interests of passengers in the event of default,in the long term,it is not conducive to the passenger transport industry to high efficiency,high quality direction.This paper is divided into three chapters.The "basic theory of passenger transport contract" is the first chapter,which mainly expounds the differences in the nature of passenger contract and the comparison of different legislative cases.Among them,the nature of passenger contract is mainly to solve the current theoretical circles for the passenger contract is a service contract,format contract and administrative contract disputes;and foreign countries or regions,passenger transport contract legislation is mainly compared with China,how to learn and use In the improvement of passenger transport contract in China.The second chapter is the status quo and problems of the passenger contract in our country.Through the empirical analysis of the case of Abdul Wahid v.China Eastern Airlines and Liu Ling v.Beijing Railway,It is pointed out that there are defects and shortcomings in the existing legislation,such as the carrier's violation of the obligation of disclosure,the carrier's delay in transport liability and the discharge and change of the passenger contract.The third chapter is "the perfection of the concrete system of passenger contract in our country".According to the differences in the theory and the defects in the practice,by examining the legislation of the major countries and regions,combining with our actual and theoretical research,People's obligation to inform,delay the transport of the liability and scope of the passenger's contract to lift and change the right to find a solution to the path in order to improve our passenger transport contract.