Research On Legal Issues Of China's Civil Aviation Flight Delays

In recent years,with the rapid development of China's civil aviation industry,flight delays have become the bottleneck problem in the development of air transport.Although the domestic airlines are trying to spare no effort to improve flight punctuality rate,but whether it is a thunderstorm,snow,fog and other natural factors,or military activities,air traffic control,airline and airport security and other human factors may cause flight delays,therefore,the practice of flight delays caused by disputes often occur.Due to the complexity of the specific causes of flight delays,the resulting legal relationship and responsibility are also different.Unfortunately,at present,China's legal norms relating to flight delays are mainly based on the air transport contract relationship between the carrier and the passenger,the lack of adequate attention to the identity of the passengers,which also makes the relevant rules fail to fully reflect the relatively weak position in the passenger rights and interests of special concern,in practice,there is a group conflict which is caused by the dissatisfaction of the carrier or the airport management department for the disposal of the flight delay.In fact,the legal relationship involved in flight delays is varied,both air transport contract relationship,but also the relationship between aviation consumer protection,in addition to the parties to the air transport contract,passengers are also aviation service consumers.And due to the particularity of flight delays,the contract rights and interests of consumers are different,this dual identity of passengers decided in flight delays on not only to consider the carrier's liability for breach of contract,but also emphasize on the passenger's right to know,the right to choose the right of claim and protection,as well as necessary specifically airline collateral obligation.However,China's current legislation on the carrier's liability in the case of flight delays is very vague,the scope of compensation for the carrier's liability,compensation conditions,compensation standards are lack of specific operational norms.To this end,we should first clear the connotation of the flight delay in the legislation,and according to the reality of the development of China's aviation and the need for adequate and reasonable use of airspace,the scientific definition of reasonable delay and unreasonable delay criteria;then on the basis of the contract of carriage of passengers face the dual identity of the parties and the consumer,to give passengers in order to fully protect the legitimate rights and interests at the same time,taking into account the carrier obligation and liability rules of fair and reasonable,in order to achieve the balance of interests;finally,it should strengthen the airline flight delays,the supervision and management of the airport the airline industry to participate in the party,build effective flight delay system of emergency management mechanism,the flight delay disputes disposal into the orbit of the rule of law,to ensure the smooth solution of the dispute is fast,and then promote the civil aviation transportation industry in China the healthy and sustainable development.