Research On Legislative Improvement About Distribution System Of Airport Slot In China

The rapid growth of air transport industry has caused the shortage of airport slots.It is of great significance to allocate airport slots fairly and efficiently.At present,it is generally considered in the legislation that airport slot includes that flights taking off and landing at specific time during civil airports.There is also controversy over whether it includes the use of airport facilities and services,and the scope of the airport facilities services.Although most countries stipulate that the airport slot is a state-owned administrative license,many scholars think that as a property right or resource,the ownership of the airport slot should belong to airports,airlines and even other financial institutions.In theory,the allocation model of airport slot is divided into administrative allocation mode,market distribution mode,and mixed distribution mode.In china,airports slots are dominated by administrative allocation,and the market allocation is also gradually advancing.However,there are still problems such as unclear legislation that causes new interest disputes,ambiguous distribution procedures,lack of understanding of basic theories,and lack of standardization of the market.The United States,the European Union,and the International Air Transport Association have formulated more detailed airport slots allocation systems based on their actual conditions,which not only solved some differences in basic theories,but also solved some practical problems such as airport congestion and flight delay,which were caused by shortage of flights.If China wants to carry out appropriate legal transplantation and reference on the basis of our national background,and play the significance of "legislation first" in the construction of The Socialist System of Law with Chinese characteristics,we have to devote to the improvement of the legislative concepts,the basic theories,the legislative procedures and the legal norms.First of all,we shall establish a clear legislative concept of airport slots allocation to make sure the interests among various subjects is balanced,the methods of allocation are objective and scientific,and the sustainable development of the air transport economy is fully considered.In addition,we shall construct the basic theory of airport slot allocation by clarifying its specific concept,defining its legal nature,and distinguishing its ownership relationship.What's more,we shall optimize the legislative process of airport slots allocation to guarantee its negotiation,self-discipline,democracy and openness.Finally,we shall improve the legal norms of airport slots allocation by publishing primary trading rules,refining the secondary trading rules,introduce lottery rules,and setting up the corresponding rules.