Reasonable Protection Of The Rights And Interests Of Unruly Passengers In The Perspective Of Civil Law

The fact that an air passenger is judged to be an unruly passenger does not mean that his or her legal rights are denied.Based on the principle of good faith and the air transport contract,the air carrier has the obligation to protect the unruly passengers.This obligation requires the air carrier to dispose of unruly passengers in order to safeguard the interests of all persons on board,including unruly passengers.As there is no clear and reasonable standard for the air carrier to take disposal action,the captain,as the carrier’s employee,may take improper disposal action,which may result in the loss of the rights and interests of unruly passengers.There is a risk of breach of air carrier’s duty of protection.To avoid the violation of the duty of protection by the air carrier and to provide protection in advance for the unruly passengers,the limitation of the duty of protection of the air carrier needs to be clarified,that is,to set reasonable standards for the disposition of the unruly passengers.The establishment of reasonable standard is based on the classification of unruly behavior,and the air carrier should adopt the corresponding disposal behavior.Except that the air carrier’s disposition deviated from the reasonable standard,the carrier is also in breach of its duty to protect if the rights of unruly passengers are harmed by other crew members’ acts based on self-interest or improper execution of the captain’s instructions.If the air carrier violates the obligation of protection and infringes upon the rights and interests of the unruly passengers,the unruly passengers may,in accordance with the provisions of article 124 of the Civil Aviation Law of the People’s Republic of China,request the air carrier to bear civil liability.For the compensation of spiritual damage,it is more advantageous for the unruly passengers to claim the compensation of mental distress based on the liability for breach of contract.