Protection Of Passengers’ Rights And Interests In "the Involuntary Change" Of Air Passenger Transport Contract

passengers who travel by flight can’t travel according to the original plan due to uncontrollable and unforeseen non airline reasons or technical problems and other airline reasons,such as flight cancellation,advance or unable to provide the originally reserved seats.In this Involuntary change case,the airline is in a strong side,the legitimate rights and interests of passengers will be more or less violated.The law of the people’s Republic of China on the protection of consumers’ rights and interests,the Civil Aviation Law and other laws and regulations are insufficient and the protection is limited.The carrier’s right to refuse to carry also exists abuse,and the passenger blacklist system is quite arbitrary.At the judicial level,it is difficult for passengers to provide evidence,the claim of fraud is difficult to be supported,and the nature of changing the actual carrier is difficult to determine.By referring to the EU 261 regulation,the interpretation of the EU on the rights of air passengers and the relevant guiding cases of the EU Court of justice,this paper puts forward some suggestions on the protection of the rights and interests of passengers under involuntary changes.We can improve the legal norms of involuntary change,determine the scope and standard of compensation,limit the abuse of carrier’s right of refusal,and carefully set up the "blacklist" of civil aviation passengers.At the judicial level,we should improve the measures of proof and establish a diversified mechanism to protect the rights and interests of passengers.