Analysis Of Flight Delay’s Legal Liability

This paper analyzes the main point of concern from the theory of flight delays and legal liability involved. Specifically:By combing both the theory of flight delays, combined with the foreign enactment of legislation and policy-level institutional analysis (in Europe and the United States and the "Montreal Convention" as an example), the final review of the existing regulatory framework for flight delays, the focus of carrier legal liability determined, passenger legal liability determined, and controversial problem-flight delays may be concerned in the spirit of the damages, and judiciary with cases of domestic flights were delayed assessment of typical patterns encountered by the current disposal problems. Based on the foregoing analysis, the final proposed standards such as uniform, detailed "reasonable delay" and "unreasonable delay" and improve the carrier’s liability for delay compensation norms and procedures to increase the carrier’s limitation of liability provisions of the delay, the timely introduction of flight delays insurance and other sound recommendations.The first chapter is an overview of flight delays, flight delays that the incentive and the definition of domestic and international standards for flight delays, the responsibility for subsequent analysis of relevant laws and laid the premise, and to further clarify the focus of the current theoretical debate.The second chapter examines the legal requirements of foreign flight delays and specific handling procedures, a legislative compare the relative frame of reference; the third chapter of flights were delayed for more detailed theoretical analysis (which constitutes the important and difficult text)-the first system sort of flight delays on both the laws, regulations and policy documents, both from the carrier and the passenger are described in the legal liability involved in flight delays (confined to the subject, focusing on the liability of the carrier), in the international problems are still controversial within the spirit of damages was discussed. Combination has been investigated in the legal regulation means and responsibility standards, this article four flight delays typical cases, for example, assessment of the judicial practice of the relevant issues processing mode; Based on the foregoing lay out and analysis of argument, the article concludes with a regulation flight delays recommendations.In this paper, both of laws and regulations on flight delays and make the system sort out and clarify the regulatory framework of the flight delay, while in contrast the relevant provisions of foreign countries and in China under the existing system of legal theory, put forward a sound legal liability of flight delays and institutional framework solve the problem of flight delays reasonable suggestions in order to be able to compare properly deal with flight delays appropriate legal disputes.