Research On The Protection Of Passengers’ Rights And Interests Under Air Transport Delays

With the rapid development of China’s aviation industry,disputes between air passengers and carriers caused by air transport delays are increasing,and there are numerous incidents of passengers causing trouble at the airport due to air transport delays that prevent them from taking off normally.The contract of carriage relationship is the most basic legal relationship between passengers and airlines,and the protection of passengers’ rights and interests is first and foremost on the identity of one of the parties to the passenger contract.The Warsaw Convention and the domestic legislation of various countries emphasize the protection of passengers’ rights under the contract.Delay in air transportation is fundamentally a breach of obligations under the contract of carriage,and liability for breach of contract is the primary legal liability of the carrier in case of flight delay.With the development of the consumer protection movement,service is included in the object of consumption,and air passengers who purchase air transport services are no longer only a party to the contract,but also have the legal status of consumer and related rights.The strength of international conventions for consumer protection under flight delays is also quietly changing.The Montreal Convention,which incorporates the spirit of the law on the protection of the weak,is universally applied worldwide,and consumer-centric domestic aviation legislation has become a worldwide trend.However,the meaning of "delay in air transport" is not clear in our existing aviation legislation.The Civil Aviation Law of the People’s Republic of China lags behind,there are few provisions on the protection of passengers’ rights and interests,and the corresponding mechanism for the protection and remedy of passengers’ rights and interests is defective,which restricts the realization of the rights and interests of passengers who enjoy the dual identity of contract parties and consumers,affects social harmony,and hinders the realization of the strategic goal of a world aviation power.In this regard,we should play the role of passengers’ dual identity,make up for the lack of relevant legislation,and improve the diversified dispute resolution mechanism,so as to alleviate the contradiction between air passengers and carriers and comprehensively promote the development of China’s aviation industry.