Comparative Study On The Liability System Of Flight Delay Between China And Europe

Air passenger transportation has become the main way for passengers to travel because of its speed.Flight delays are a common form of abnormal flights and are the main factor that undermines the speed of flights.The promulgation of Regulations on Flight Regularity Management and related laws are intended to protect the interests of passengers in the event of irregular flights by stipulating the obligations of the carrier.However,civil aviation practice and judicial judgments have shown the lack of protection of this provision.The article analyzes the EU 261 Regulations and compares the flight delay liability system between China and Europe,and solves the prominent problems in the practice of carrier liability for flight delays in China.The article first clarifies the necessity of definition of the flight delay,analyzes the differences in the definition of flight delays between China and Europe,and clearly defines the definition of flight delays;then compares the important content of the collateral obligation,the duty of care and the obligation to inform,and discusses the difference in the responsibilities of Chinese and European carriers after the collateral obligation cannot be fulfilled.By discussing the Compensation Liability Theory of China and EU to lay a theoretical foundation for follow-up research,the article establishes the relationship of compensation liability between China and EU,and compare the compulsory liability of the EU and the arbitrariness of my country’s compensation liability,and conduct the exemption of the carrier’s liability Comparison;Then,on the basis of the above comparison conclusion,the article explores the advanced experience applicable to our country,and puts forward institutional and normative suggestions for the issue of the carrier’s responsibility in flight delays.In summary,the article believes that the responsibility of the carrier and the protection of the rights and interests of the passengers are complementary.By balancing the interests of both parties and clarifying the responsibilities of the carrier,it aims to promote the formation of a good business cycle between the passengers and the carriers,in order to protect and realize the interests of the passengers to keep continuous development of the civil aviation industry.