On The Protection Of Passengers' Rights And Interests After Flight Delay

Flight delay is always an intractable problem of the aviation field,both domestic and abroad for the processing of flight delay problem remains unsolved.In recent years,with the development of Chinese economy and society,air transport industry ushered in their own dawn,however,the proportion of flight delay is still rising.According to statistics,in 2018,there were 4 million flights taking off and landing in China,of which 1.5 million were abnormal,accounting for almost 38 percent,which was a new high in the past five years.Delays have been at the top of the list of air transport complaints.In addition,in reality,after flight delay,passengers often have extreme behaviors in the process of safeguarding their rights,such as quarrels and physical conflicts with the staff,and even the incident of impacting the runway of the airport.The phenomenon of slow claims and difficult rights protection of passengers always exists.The problem of flight delay is enough to arouse our great attention.This paper,guided by each case,analyzes the basic content of flight delay,and then analyzes the problems existing in the current legislative and judicial practice in China,and puts forward its own opinions to improve the resolution mechanism of flight delay disputes in China.This paper first introduces the basic cases to analyze the disputes in the process of passenger rights protection,Since the concept of flight delay is not defined in the legal provisions of China,it seeks for the basis from the legislation of Europe and the United States.Later,the types of flight delays are classified,because the responsibilities of airlines are different for different reasons.On the one hand,this is because according to the provisions of the contract law,in some cases of force manure,the party in breach may not bear the liability for compensation;On the other hand,it is to reduce the risk cost of airlines.The next part is to introduce what obligations the airline should fulfill under unreasonable delay,what the compensation rules are,what the compensation scope is,and put forward the viewpoint of pure economic loss compensation.Finally,according to China's legislation and some judicial practices in the field of aviation,this paper looks at what problems have occurred in the protection of passengers' rights and interests in solving disputes over flight delays in China,andputs forward four measures to solve these problems.