航空客运中航班延误若干法律问题研究民商法学专业论文.docxVIP

1 1 2 2 Abstract Due to its convenience and efficiency, Air transport meets the demands of the fast travel. But the emergence of flight delays which people criticized so much makes this superiority greatly discount. The terminology of delay appears since 1929, in the international conventions, and domestic and foreign scholars on the concept of flight delay have not stopped the controversy. However, by now there has not formed a unified understanding about flight delay yet. This also seriously affects the legislative process, especially in China. In order to improve the development of civil aviation industry, the government held the legislative conservative ideas of legislation on flight delays, and there are obvious lags, which not only affect the interests of passengers, but also limit survival and development of air transport in an increasingly competitive environment. On the other side, there are increasing disputes due to flight delays caused by the aggressive behavior of visitors on the flight delays, which impose new challenges to legislative and judicial activities. In essence, the air transport contract is actually a contract between the carrier, the passenger or consignor. The legal nature of the flight delays is of the contract of carriage in performance. In this article, the writer use traditional civil law, especially contract law theory, combined with the special legal provisions of international and domestic air transport, in order to discuss the problem of Chinas air transport flight delays. This article consists of five parts: The first part introduces the flight delays definition and ways to judge, including: international treaties on flight delays, flight delays definition in the view of law interpretation. Therefore, flight delays should be defined as: over the normal departure time, or takes more than the normal time, and the definition of normal time should be reasonable made. The second part is about the reasons causing flight delays, mainly i