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Research On Compensation For Damage To Passenger Caused By Flight Delay

Posted on:2020-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:R Q PengFull Text:PDF
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After entering the post-financial crisis era,the world economy is picking up,and the development of the civil air transport industry is particularly vibrant.Among them,the emergence of the aviation market in Greater China,like the Chinese economy,has become the backbone of the global air transport industry.Everything has two sides,and the global air transport industry has a good trend,which will definitely lead to many problems.The problem of flight delays is the first to bear the brunt of the aviation industry.Among them,the handling of the damage to passenger caused by flight delays is particularly important.The analysis of this problem constitutes the research object of this paper.In view of the damage to passenger compensation caused by flight delay,this paper adopts the following research path:firstly,it sorts out the definition,status quo and type of flight delay;secondly,analyzes the basis of claim for the damage to passenger compensation caused by flight delay;again,analyzes flight delay The principle of liability for damages caused by passengers;repeated,analysis of the scope and calculation criteria of the damage to passenger caused by flight delays:Finally,based on the aforementioned analysis,it is proposed to respond to the damage to passenger caused by flight delays.In terms of research methods,in view of the international nature of air transport,this paper will use comparative analysis methods to compare and analyze the treatment of the issues involved in domestic laws and international conventions,and to compare the treatment of the issues involved in different domestic laws.At the same time,this paper will also use normative analysis methods to explore the interpretation and application of flight delay related legislation in judicial practice.Finally,given that the topics covered in this paper are closely related to air transport management,this paper will also take advantage of some background knowledge and analytical perspectives in the field of air transport management from an interdisciplinary perspective.The first chapter aims to sort out the definition of flight delays and the damage to passenger.Although the Warsaw Convention and the Montreal Convention stipulate that the carrier should be liable for losses caused by flight delays,flight delays are not clearly defined.This has resulted in the damage to passenger caused by flight delays in practice and cannot form a uniform damage standard and compensation plan.China's Ministry of Transport has defined flight delays,flight departure delays and aircraft delays in the"Regulations on Normal Flight Management".The academic circles have two views on the "reasonable period of time" and "contractual agreement and reasonable time" for flight delays.Flight delays are classified into two categories:flight delays due to carrier reasons and flight delays caused by non-carrier reasons,depending on whether they are attributable to the carrier.The second chapter aims to explore the basis of the claim for the damage to passenger caused by flight delays.Delays in flight are a delay in the type of default,and the air passenger transport contract is the basis for determining the carrier's delay.Such contracts are based on the passenger ticket,the general conditions of transportation announced by the airline,and the aviation laws and regulations promulgated and implemented.In the case of flight delays,passengers have the right to know,choose and claim,and the carrier has the obligation to inform,the obligation to return and change,the economic compensation and damages.The third chapter aims to investigate the principle of liability for the damage to passenger caused by flight delays.Convention on the Unification of Certain Rules Relating to International Carriage by Air,Convention For The Unification Of Certain Rules For International Carriage By Air and the Civil Aviation Law all adopt the principle of presumption of liability.With the development of social economy,it is necessary to make appropriate amendments and adjustments to the existing principle of imputation.It is obvious that the transition from fault presumption to the principle of no-fault liability has significant legitimacy.The fourth chapter aims to analyze the scope and calculation criteria of passenger damage compensation caused by flight delays.The Warsaw Convention and the Montreal Convention limit passenger compensation for direct damage in passenger damages caused by flight delays.The relevant domestic regulations limit the carrier's damages to a maximum of 400,000 yuan per person,but it is not clear whether the damages include the damage to passenger caused by flight delays.Indirect damages caused by passengers'claims for losses caused by flight delays and caused by mental damage,etc.,in view of the unpredictability of such damages,and the specific losses are often not clearly defined and accounted for,the airlines need not Compensation for this.At the same time,based on the characteristics of air transport,the damages incurred should be calculated objectively.The fifth chapter aims to propose compensation for the damage to passenger caused by flight delays based on the aforementioned analysis.It is carried out in three aspects:the active response of the air transport entity and the participants,the judicial response,and the insurance response.Airlines should take the initiative to pay attention to passengers'right to know,improve the airport's emergency response mechanism and compensation services,and adopt a diversified compensation plan for passengers.Transport parties such as airports should actively cooperate with airlines to divert and resettle passengers,and coordinate airlines to do the change.In the future,when modifying and formulating the rules of precedence,the passengers should fully listen to the suggestions and demands of the passengers for the compensation plan,and fully consider the objective situation of air transportation.
Keywords/Search Tags:flight delay, damage to passenger, basis of liability, scope of compensation
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