A Reconstruction Of The Government Regulation For Code-sharing Of Domestic Flight

Code sharing is a common type of business cooperation for airlines,and the code sharing agreement and the practices of code sharing may involve some legal issues,such as traffic rights issue,Anti-trust issue,and the interests of consumers issue.At present,the Market regulation,Trade Autonomy Regulation,and Contractual Obligations regulation cannot effective the aim of regulation for code-sharing of domestic flight,the government regulation for code-sharing of domestic flight is still necessary.Under current law,the application of the "command-and-control" regulatory tools,which based on licensing and administrative penalty,must face the challenges like lack of superior laws,and some inherent defect including the difficulty to achieve the aim of regulation for code-sharing of domestic flight.The new type of regulatory tools represented by “Co-regulation” have two advantages that can overcome the inadequacies of traditional regulatory tools.Firstly,the new type of regulatory tools can solve the limitation of the administrative legislation power of government by “delegislation”;Secondly,the "preferences shaping" regulation and the "incentive" regulation may help government to achieve aim of regulation easily.By combining the theory of The reformation of American administrative law with the theory of administrative law of R.P.China and the practices of civil aviation industry,we can design a new type of regulatory tools.This new type of regulatory tools based the rules made by Civil Aviation Administration of China and airlines through a procedure of negotiated rulemaking.This new type of regulatory tools will help the establishment of public participation in regulatory.the way.Last but not the least,this new type of regulatory tools may provide new ideas for the innovation of administrative regulations of civil aviation industry.