Research On The Regulation Breach Flight Delays

Since China’s reform and opening up, China’s economy has shown signs of rapid development, which also promoted the rapid development of China’s civil aviation industry. However, in recent years the amount of air services complaints are indeed on the rise, like flight delays, cancels and so on. A series of complaints about the air transport contract dispute in the entire amount of consumer complaints. The proportion is increasing every year. How to build an orderly aviation delay compensation system that ensure the interests of consumers at the same time, not too much damage to the development of the aviation industry. The paper analyze the legislative judicial practice in China for the air transport contract consumers how to protect their own interests, and how to take the remedies for breach, besides the carrier liable for breach of contract. Standing on the angle of the carrier, due to the complexity of the aviation industry it will also look at the Air Transport breach of contract. In fact, flight delays can also cause the company cost burden. On this basis, with the help of foreign advanced theoretical research achievements and the relevant legislative and judicial experience, proposed in our country to establish flight passenger contract’s breach of responsibility in the form mechanisms, with a view to refining the scientific and reasonable resistance suitable for Chinese judicial actual flight delays compensation mechanisms and compensation standards. And finally be able to achieve the maximization of social benefits on the economy.This paper is divided into six parts, each part reads as follows:The first part is the preface, the section briefly described the background and significance of the topic of this article, and defined the scope of the study. The second part of the legal definition of flight delays as well as details of the classification of flight delays. On economical views, which also caused flight delays make a deeper profiling. The third section describes the dispute on the legal status of a flight delay compensation provisions of this chapter from the content of the laws and regulations as well as the current legislative defects pointed out the plight of the flight delay compensation status, which also makes consumer in compensation for flight delays without professional method can be based on. The fourth part of the relief effect of the breach of contract responsibility extended to the areas of flight delay compensation, under the assumption of efficient breach theory, were standing on the position of the consumers and the carrier, the actual performance, damages, liquidated damages and remedies four statutory breach of relief so that the society will produce positive growth efficiency. The fifth part is the suggestion for our flights were delayed, how to compensate which raised by the above analysis. The premise legislation to establish information supply as well as compensation for the implementation and supervision afterwards mechanism, in order to protect the interests of the passengers after the flight delays. Part VI conclusions and summarized briefly in this article.