The Research About Risk Burdenfor Air Carrier In Flight Delay

With the development of economy, air transportation has grown into a popular mode of transport, the high-speed, convenient has become increasingly prominent advantages. But flight delays make this kind of advantages has become a burden for passengers. Flight delay disputes are frequent, though promote aviation industry to improve its service, but the legal relationship is not clear, the misunderstanding and contradiction also waste of social resources massively.This paper attempts to use the air passenger transport contract theory, from the flight delay risk bearing rules to clarify the legal definition of delay, reasonable standards, and the airline legal liability assumed conditions and bear the methods to put forward suggestions. From the structure of this paper is divided into four chapters:The first chapter, the overview of flight delays. This chapter mainly elaborated from two aspects of flight delays to the general problem of flight delay. Firstly, the standard, identified by the civil aviation authority approach as the basic reference. In second, flight delays, what legal norms are applied to that sort of international law, domestic law and administrative regulations are introduced.The second chapter, the conception of flight delays according to air passenger transport contract. This chapter discusses flight delays conception in the legal van. Moreover, the ticket and "general conditions of carriage" are discussed for further exploring the risk burden.The third chapter mainly elaborate the carriers risk burden from three aspects, this is the core content of the paper. Firstly, the basic principle of risk burden is introduced. Secondly,the carrier's defence privilege. Again, the focuses of debate are analysed in combination with the actual case.The fourth chapter is about some legal suggestions. The legislative, judicial and administrative suggestions are put forward.The conclusion: in order to handle the flight delays properly, China's relevant legal system urgently needs to be perfect, thus accessing to safe, service and benefit. The dream of a powerful civil aviation industry will be realized.