Study Of Several Legal Issues Of Overbooking Passenger Transport Contract

With the improvement of residents' income level,the quickening pace of life and the continuous improvement of public infrastructure,residents have gradually upgraded from trains and coaches to airplanes.The rapid development of air transportation also provides different choices for residents to travel,which brings different travel experiences.With the increase of the number of people traveling,some routes have been difficult to find,but due to the existence of resigning and refund,the already stressed seats are directly wasted.Due to air resource scarcity,continued operation of aviation transportation industry requires sustained higher money and human resources,high operation cost of air transport carrier,cabin seat because it was empty,upgrade and refund this to further improve the carrier's transportation cost.In order to reduce costs and expand revenue,the U.S.air transportation industry in the 1970 s began to have oversold tickets.Ticket overbooking is a common management behavior of airlines in the world.Through this kind of behavior,to sell more than the aircraft carrying passenger ticket,total to prevent empty seats,ensure flight attendances.Ticket overbooked problem in the civil aviation law of the People's Republic of China,the law of the People's Republic of China contract law and the rights and interests of consumer of People's Republic of China protects a law "does not directly to the detailed provisions or not.In addition,there is no specific standard for overselling notification and compensation in the regulations on overselling of public air transport flights formulated by CAAC.The contract law does not specify the scope of compensation for oversold tickets,and there is no stipulation on whether the ticket oversell is applicable to punitive damages,and the compensation standard for oversold tickets is not specific.Therefore,when problems occur,airlines tend to compensate or compensate passengers who are refused passengers,but the legitimate rights and interests of passengers are not well protected.In addition,the airline did not properly fulfill the obligation to inform the airline when the ticket was sold.After the rejection,there were many improper ways to deal with it.Therefore,in this process,the disputes between passengers and air carrierscan not be solved very well,and the contradiction between the carrier and the passengers is increasingly intensified.Ticket overbooking has been in China's air transport industry since the 1990 s and has been in existence for more than 20 years.There is a lot of research on overbooking,but there is still a debate about the nature of ticket overbooking.Cause passengers facing more confusion in the judicial relief of rights in the road,in the judicial practice of passengers tend to call for air transport carrier for punitive damages,but in the process of the academic circles about overbooked behavior whether fraud has been quite mixed.Whether passengers can claim compensation for mental damage after being rejected due to the overselling of tickets,there is no consensus on the different claims of the academic community.Therefore,it is necessary for us to refer to the legislation of overbooking of air tickets in Europe and America to provide a useful reference for the improvement of the legal system of air ticket overbooking in China.With rapid development of civil aviation in our country today,how the ticket above them on the protection of the legitimate rights and interests of passengers effectively,and can realize effective relief after the rights and interests are infringed is a problem to be solved.The Civil Aviation Law of our country is being revised,and the codification of Civil Law has already begun.We should seize the historical opportunity,for air transport carrier flight overbooked the relevant legal provisions of complement and modify,in order to change the present situation of the lack of appropriate legal system to regulate.This paper will start with the concept of ticket oversold passenger contract,and make a complete definition of it.Through analysis and evaluation of our country current relevant legislation present situation and main problems in the contract,at the same time,combining the beneficial experience of abroad,from the several legal issues in the passenger ticket overbooked contract in-depth research,finally puts forward the author's advice to solve related problems.