Passenger Rights Law Protection After Flight Deleys

With China's rapid economic development, but Air transport susceptible to various factors, so the incidence of flight delays in the global aviation transportation is a common phenomenon in the world air transport industry is a major problem. China has leaped to the world's second largest aviation country at present. Aircraft as quick and comfortable transportation is accepted by more and more people in China, and becoming a kind of mass consumption. Air transport business in China is also rapidly growing on the average 16% per year. In 2010, China Airlines flight punctuality rate was 75.43%, compared to the same period in 2009 reduced 6.46%, which is decline in the third consecutive year. But compared with the United States and other developed countries, the flight punctuality rate is still normal. But when the developed countries facing the flight delays, they can resolve the dispute to a large extent. However, in China, the China Consumer Association announced the 2010 Ten hot complaints, the increase of complaints by air transport services has become the first. The compliant of flight delay has become the biggest one. Because the airlines for the delays in the processing rules opaque, passengers and airline frequent conflict. Now, in dealing with domestic airlines, take the negative approach, actually its a disguised way to encourage passengers to protect their rights by some extremely methods. So, how to protect the rights of passengers after flight delays, worthy of further study.This text from the following four aspects to study protecting the right of passengers after flight delays. The first part is "the general theory about protecting the rights of passengers after flight delays. In this part, mainly expounds what the concept of the delay, what is the causes of the delays and the passengers enjoy the rights after flight delays. The second part is "the current situation about the rights of passengers after flight delays and the existing problems." Although it is explained for the rights of passengers after flight delays in different extent in the Chinese current laws and other related normative documents, in practice, he rights of passengers can be well protected after flight delays, instead of increasing contradictions. So this article analyzes the existing problems about not well protecting the rights of passengers after flight delays, from the laws and the normative documents, and the management of the civil aviation departments. Such as the lack of provisions of relevant civil aviation laws, lack efficient management for civil aviation departments to Airlines, the lack of good dispute resolution mechanism after flight delays, the aviation insurance system is weak. The third part is "the legal protection about the rights of passengers after flight delays in the relevant countries (regions)". Through researching and comparing the protective measures about the American, European Union and Japan, we are founding some useful measures, such as difference that the definition of flight delays, the carrier's notice obligation and assist obligation, the air carrier in violation of the obligations of punishment. The fourth part is "Perfect Chinese Legal protection's recommendations about the rights of passengers after flight delays". Based on China's national conditions and reference to the beneficial practices of the relevant countries (regions), the author puts forward some proposal about perfecting relevant civil aviation law system, perfecting the management of civil aviation authorities and the self-discipline mechanism of association, and establishing aviation insurance system: First, the author puts forward improving Suggestions that is clearing the concept of flight delays, imputation principle to carrier's liability, carrier's responsibility after flight delays, disclaimer reason after flight delays, the obligations of passengers. Second, considering the management of civil aviation authorities and the self-discipline mechanism of association, request every government department improves supervision and service, create the query system of flight delays and the arbitration institution of flight delays and request the association plays an active role fully in practice, strengthens self-discipline of flight transport services market, bridge the gap on law. Third, the author also suggests establishing aviation insurance system, in order to protect better the rights of passengers after flight delays.