Passengers' Rights And Interests' Protection After Flight Delay In China

China civil aviation has sustained rapid growth since reform and opening-up.With the fleet expanding and aircraft number increasing gradually,China has been the second place in global civil aviation.It is forecasted that China domestic air traffic will surpass that of US,and become the largest civil aviation market in the world.However,aircraft itself is restricted by the weather,air traffic control,airport and the other factors,flight delay has been a common issue in civil aviation transportation.In 2015,total passenger transportation is 3.373 million flights in China while 2.305 million regular flights and 999,000 irregular flights.It means that the average regular flight rate is 68%,which is lower than that of 71.77% in the twelfth five-year plan period and 75.9% in 2000.Besides the summary and introduction,the paper will be on the passengers' rights and interests' protection after delayed flights in the following four chapters.Chapter one is on the survey and analysis of the passengers' rights and interests' protection after delayed flights.By introducing "Warsaw Convention","Montreal Convention",EU rules and China's "Contract Law","Civil Aviation Law" and relevant international covenant and laws and regulations,the chapter defines the flight delay and legal analyze for the flight delay.Chapter two introduces the flight delay regulations in US,EU and Taiwan of China.By comparing US tarmac delay rules,(EC)No.261/2004 regulations and civil aviation law of Taiwan,the chapter summarizes experience and practice from the other countries and regions which could be helpful for China.Chapter three analyses laws,administrative regulations,department rules on flight delay and also shortage in China.Four main problems are listed in the chapter including: no clear definition for flight delay;no distinction for compensation and reimbursement with varied standards;lack of the formal regulation for passengers' rights and interests' protection;the complex compensation procedures on flight delay insurance and different compensation standards for passengers.Chapter four points out five suggestions for improving passengers' rights and interests' protection after delayed flight in China.First,to improve relevant laws and regulations and make a unified provisions for flight delay.Second,to improve the supervision for the civil aviation authorities.Third,to strengthen the function of the civil aviation associations.Fourth,to strengthen propaganda for passengers.Fifth,to improve the flight delay insurance systems which is applied to all airlines.