The Research On The Application Of Laws In The Cross-strait Aviation Private Law Conflict

The civil aviation across Taiwan Strait has developed rapidly,which has played an important role in promoting the people's communication and economic development on the two sides.However,it will also cause civil and commercial legal disputes inevitably.Although both sides of the strait belong to one China,since the executive and legal systems,including civil aviation system,are different in the two sides,people are facing the legal problems of the considerable conflicts in civil aviation regulations,the shortage of application and force of international conventions,the lack of complete bilateral air transport agreements,and the existing legal system and dispute settlement system cannot solve the legal problems of the regularly scheduled cross-strait flights effectively.There are many differences between the regulations of civil aviation in the two sides of the straits,such as connection factors of proper law,the way of law selection,and legislative considerations.The conflicts of civil aviation between Taiwan area and Mainland are one type of interregional conflict of rules that is different from the conflict between private international law.In this case,Mainland should make special interregional legislation to resolve the disputes of legal affairs in civil aviation with Taiwan area so that it can help to solve the problems of the people who are seeking legal assistance and the dilemma in judicial practice.Therefore,it is vital to do further research on the conflicts of the law of civil aviation and the application of law between Mainland and Taiwan area.