攀枝花学院学报

为减少航班延误,维护旅客的利益,我国民航总局于2004年6月发布了《航班延误经济补偿指导意见》(以下简称《指导意见》)。该《指导意见》不具有法律约束力,内容简单、概念模糊,缺乏可操作性,并且言辞闪烁,宗旨不明,激发了旅客的不满情绪,反而加剧了航空公司与旅客的矛盾、冲突,甚至出现了大量的霸机、占机行为,严重干扰了民航运输的正常秩序。建议出台一部法律规范以减少航班延误,解决航班延误纠纷。航班延误问题是一个多角度、多层次的问题,这不仅仅有赖于有效力的法律规范,也有赖于航空公司服务质量的提升,也应加强有关延误概念、原因的宣传、教育,促进航空公司与旅客沟通,这样才能减少延误、和谐民航运输关系,促进民航运输业的发展。

In order to reduce the flight delay and protect the interest of the travelers, the General Administration of Civil Aviation of China promulgated Compensatory Guide Advice of Flight Delay in June 2004(hereinafter called as Guide Advice). However the Guide Advice has no legal effect. The content is simple, the conception is vague, and it is short of operating rules. All these shortcomings stimulate travelers' dissatisfying emotions and increase the contraction and conflict between airlines and travelers, even some serious affairs, such as seizing airplane by travelers, which seriously disturb the normal order of civil aviation transport. The author advises that a law is necessary to resolve above problems and reduce the flight delay. How to reduce the flight delay is a many-angled and many-faceted problem. The method to resolve it not only depends on effective legal rules, but also the promotion on service quality of airline. Of course, we should strengthen propagate and education on the concept and reasons of the flight delay, and promote the communication between the airlines and the travelers. Only by these, we are sure we can reduce the flight delay, harmonize the relation of civil aviation transport and promote the advance of civil aviation career.