Research On Legal Problems Concerning Carriage Of Passengers By Air

With the fast growth of globalization and airline transportation, the competition among major airlines is getting tense everyday and a good management of transportation related disputes is now much more important than ever. Nowadays, the main arguments reacting to carriage of passengers by air are those that After the 2004-07 guideline for late departure flights, incidents of passengers occupying airplanes or refusal to get embark become quite often; Overbooking, a common method in international aviation, meet the question in our country, and leads to ceaseless disputes; A denied boarding relate to aviation safety leads to"the argue between human nature and law"; Carrier's obligations about personal damage.Concerning the development of our society and the needs of people life, the author analyzes our updating laws, with the background of international conventions, the law-making tendency and option, the laws of other countries, and submit some immature views and law suggestions resolve these disputes.As to these arguments, this paper holds the following opinions: Denied boarding should have rationality, it should be make detailed regulation . According to the flight delay, the carrier should bear more strict liability– no–fault liability, to make the carriers'attention on management themselves and professional skills, to limit the flight delay. On the side of overbooking, it should make sure the passengers to be known their rights, better the way to compensation, solve the dispute between passengers and carriers. Because of the confusing situation for death atonement regulation China cries for one set of measure and standard for the personal physical injury. China should establish a relatively fair standard so as to protect the civil rights and encourage the domestic airlines to take part in the international competitions.