论航空运输延误和“超售”拒载的违约责任

Discussion on the Liability and Compensation for Damages in the Event of Flight Delays and Denied Boarding Due to Overbooking

航班延误和"超售"拒载引起混乱,破坏机场正常秩序,危害民用航空安全,已成为社会问题,应创新管理予以解决。治理航班延误问题,首要目标是全力做好不正常航班情况下的服务工作,应强化地方政府职能,实行机场管理机构负责制。中国对航空运输因延误造成损害赔偿和"超售"拒载问题已建立了法律制度,应根据国情禁止"超售"经营,依法形成损害赔偿机制,正确执法、认真执法、严格执法,加强法制宣传和教育工作,坚决制止旅客在航班延误后采取过激行动,依法切实维护机场正常秩序,保障民用航空安全和航空运输生产的正常进行。

The impact of flight delays and denied boarding due to overbooking has disrupted the normal operations at airports.They jeopardize the aviation safety and have become a social problem.There should be an innovative management approach to resolve this problem.This study aims to undertake research in the applicable legislation to tackle the liability and compensation for damages due to flight delays and denied boarding as a result of overbooking,to examine the current flight delay situation in China and recommend strategy to deal with flight disruption,to strengthen the role and responsibility of local government,and to ensure accountability of airport management body.China has already established legislation for liability and compensation for damages due to flight delays and overbooking.It is necessary to stand for prohibition of overbooking according to circumstances,to establish a mechanism for claims and compensation for damages in accordance with the legislation.It is crucial to properly enforce and implement the law,to strengthen education and communication about the legislation,to resolutely prevent passengers from taking drastic action due to flight delays,to earnestly safeguard the normal airport operations and to ensure aviation safety and normal operations of air transport in accordance with the legislation.