Research On The Legal System Of Competition Of Chinese Airport

Airport industry is an important fundamental industry of civil aviation, and it has significant influence on the development of national economy and the safety of the state. Since CAAC handed over its authority of administration, the original situation of local separatist has gradually been broken. With the relaxation of administrative restriction and the formation of market consciousness, and driven by economic interest, there emerges a new series of phenomenon of competitive monopoly such as annexation and recombination, the cross-industry infiltration and the introduction of foreign investment. To bring these new phenomena under the control of legal regulation is vital for maintaining national interest and accelerating the healthy development of industry.However, since Chinese civil aviation has adopted the management mode of semi-planned economy for such a long time, as well as the half military nature and the comparatively closeness of civil aviation industry, the regulation of the competitive monopoly of the airport industry in China just achieved the level to regulate singe issue through laws and rules. This regulation mode causes the relative isolation of the legal system of the competition of airport industry, which makes it difficult to be linked up to the high-level legal system for its invalidation in some legal dispute and its narrowness of perspective. Therefore, the lag between the establishment of legal system of the competition of airport industry and the development of the industry makes it difficult to cope with new situations and new problems.This paper intends to combine the characteristic of airport industry and the trend of its development with the legal system principle of competition, and to use foreign mature experience and domestic existed results for reference to suggest a legal system which is based on the principle of anti-monopoly, regulated by administrative and department rules and detailed by local laws and rules, so that it will provide an alternative mature way of legal establishment for Chinese airport industry as well as Chinese civil aviation industry.