Reserch On The Legal System Of China For The Protection Of Aviation Passenger's Rights

In the early twentieth Century,international air transport activities just started.Specific historical conditions require international legislation to give special protection to the international air transport industry.With the rapid development of aviation industry,market position of airlines and passengers gradually change to imbalance,"Montreal Convention" based on the "Warsaw Convention" retains the basic structure and content,while absorbing the spirit of the weak protection principle into the law,the more inclination is to protect the interests of passengers instead of the interests of airlines.China's aviation law system centered on the Civil Aviation Law is built on the basis of the Warsaw convention system.It has made great contributions to the development of China's aviation industry.But with the expansion of China's aviation industry,the dispute between the carrier and the passenger caused by many problems such as air transport delays and oversold situations is increased day by day,rarely provisions for the protection of passenger rights in the existing aviation law restricted the realization of the rights and interests of passengers,affected the social harmony,and endangered aviation safety,finally impeding the realization of the strategy target of china for being an aviation power.It is of great theoretical value and practical value to correct existing aviation laws and regulations and establish a sound legal system for the protection of consumers' rights and interests.It is also the embodiment of humanistic care and real respect for aviation passengers under the new era.Based on this,this paper mainly researches on the legal system of China for the protection of aviation passenger's rights from five aspects.Introduction.This section mainly discusses the research purpose,theoretical significance and practical significance of this paper,and makes a literature review on the existing research results of aviation passenger's rights and interests,and puts forward the innovations and research methods of this paper.Chapter ?,From The Contract To The Identity: The Evolution And Identification Of The Legal Status Of The Aviation Passengers.First,it analyzes the theoretical evolution of "From Contract To Identity" in modern and present society.It points out that the aviation law with the nature of public law and the nature of private law coincides with this development trajectory and is the basis for the protection of the rights and interests of aviation passengers.Secondly,the evolution and existing identification of aviation passenger identity in international aviation law are analyzed.Finally,the legal position of passengers in China's aviation law is compared and analyzed.Chapter ?,The Present Legislative System And Legal Rights And Interests Of China For The Protection of Aviation Passenger's Rights And Interests.This section analyzes the laws and regulations on the protection for the rights and interests of passengers in the current non specialized aviation legislation and specialized aviation legislation,and sums up the specific contents of aviation passenger's rights and interests in China's legislative system: the right for security,the right for personality,the right of consumers and the derivative rights and interests.Chapter ?,The Problems In The Legal System Of China for The Protection Of Aviation Passenger's Rights And Interests.Combined with the contents of the first two chapters,we conclude that our legal system for the protection of aviation passenger's rights and interests still has such problems as lack of rationalization of legislative system structure,lack of specific content of Legislation,inadequate enforcement of law and blocked judicial remedy.Chapter IV,The Overview Of The US's And EU's Legal System For The Protection Of Airline Passenger's Rights And Interests And The Enlightenment To Our Country.From the legislative overview,oversold rules,delay rules,and other rules of the US's and EU's regulations on the protection of the rights and interests of passengers,provides the enlightenment to China such as Strengthen the epoch,specialization and systematization of the legislation,and improve the operation and execution of enlightenment.Chapter V,The Suggestions to Improve The Legal System Of China For The Protection Of Aviation passenger's Rights And Interests.First of all,we should give full play to the role of the dual identity mechanism of aviation passenger.Secondly,we should rationalize the structure of legislative system for the protection of aviation passenger's rights and interests.Thirdly,we should strengthen the specific legislative content from multiple aspects: delay,oversold,and other aspects.Finally,we should improve the enforcement mechanism and relief mechanism of the protection of aviation passenger's rights and interests,and build a diversified dispute mechanism for the relief of aviation passenger's rights and interests.