thesis

On the Application of Basic Air Service Principles in China Air Transport Management System

Chen Shuzheng (School of International Law, China University of Political Science and Law, Yibijing 100088)

On the application of basic aviation service principles in China aviation management system.

Author Chen Shuzheng;

English author-Zheng (China University of Political Science and Law; International Law School; Beijing100088; China);

Author: International Law School of China University of Political Science and Law;

Journal of Guangdong University of Commerce, Journal of Guangdong University of Commerce, editorial office mailbox, 04, 2005.

Journal honor: the journals included in CJFD, the source journal of ASPT.

Aviation law; Air transport management; Basic aviation service principles;

English key words aviation law; Air transport regulations; Basic aviation service principles;

The basic aviation service principle originated in the United States and has been widely adopted by aviation developed countries. This principle is suitable for China's national conditions, can reasonably adjust the potential conflict between opening the civil aviation market and ensuring the normal and stable development of domestic routes, and will play a positive role in improving the aviation management system and balancing the interests of the country, airlines and passengers. However, the government's economic assistance to airlines should be limited, otherwise it will lead to excessive intervention in the aviation industry and unfair competition. The application of the basic aviation service principle requires the improvement of China's aviation network, which has a far-reaching impact on China's aviation management legal system.

As far as the aviation sector is concerned, air transport control is one of the most important topics. Basic aviation service principles can be corrected if. Possible defects caused by opening the aviation market. At the same time, the author tries to discuss the possible problems arising from the implementation of this principle and its influence on the current air traffic control legislation. The author hopes that this paper can make up for the loopholes or shortcomings of e-commerce on the one hand. ...

DOI CNKI:ISSN: 1008-2506 . 0 . 2005-04-0 17

The aviation basic service principle originated in the United States and was widely adopted by aviation developed countries in 1'. This principle is suitable for China's national conditions, can reasonably adjust the potential conflict between opening the civil aviation market and ensuring the normal and stable development of domestic routes, and will play a positive role in improving the aviation response system and balancing the interests of the country, airlines and passengers. However, the government's economic assistance to airlines should be limited, otherwise it will lead to excessive aviation industry. First, advance planning leads to the application of the principle of small fair competition and necessary aviation services, which requires the improvement of China's airline network, which has many profound influences on China's aviation legal system.

Keywords: aviation law: air transport reply: basic air service principles

China Library ClassificationNo.: DF934 Document IdentificationNo.: A DocumentNo.: 1008 2506( 2005) 04-008E OS.

I. Introduction

China's civil aviation reform began with the establishment of 1949 People's Republic of China (PRC), which was initiated by Mr. Deng Xiaoping.

The theory that less civil aviation must be commercialized has gone through 55 years. Given that China has

Facing the huge air transport market, there are many problems to be solved in civil aviation reform. Civil aviation reform

An important issue is to open China's aviation market and relax the state's implementation of air transport services.

Various wall springs, such as air carrier ownership and control, market access, fair competition and protection measures.

And the settlement of disputes. And properly allow foreign airlines to compete with Bulgarian airlines. Therefore, how to improve the aviation management system and balance the interests of the country, airlines and passengers has become a problem that the Civil Aviation Administration must consider and cannot ignore.

An important task of air transport management system is how to establish a perfect air transport network. China owns.

Huge air transport market. From 1990 to 2004, domestic air routes in China increased year by year.

The amplitude increases. In 2004, for example, China I+ ranked second in the world in terms of air transport volume, second only to the United States.

Germany. Although 9. 11The terrorist incident in the United States in 2006 severely hit the global air transport industry, but it did not affect the development of China's aviation industry. What is important in history is that in recent years, with China vigorously promoting the development of the western region, the western feeder market with little traffic in the past has attracted the attention of the aviation industry. This shows that China's domestic aviation services have huge potential development space. While the Civil Aviation Administration of China decides to properly open the domestic aviation market in China, airlines may give up remote areas or

An uneconomical route.

In view of this, under the situation of opening the aviation market, how to maintain the routes in remote areas has become a problem that needs to be solved by the Civil Aviation Administration of China. On the one hand, it is necessary to open the civil aviation market and make the civil aviation industry go to the mountains. On the other hand,

On the one hand, we must ensure the normal and stable development of domestic routes. How to adjust the potential conflict between them has become an unavoidable problem for China civil aviation.

Throughout the countries with more developed aviation industry, different measures have been taken to maintain the routes in remote areas. Among them, the more effective Jl II is an essential aviation service widely supported by all countries. Necessary aviation services refer to the necessary airline services designated by the government provided by airlines due to financial support from the government. Through the government's financial assistance, aviation services in remote areas have been maintained. This principle has been widely adopted by aviation developed countries, and Jl= has always been used, and Japan' has also become an important topic in international aviation conferences in recent years. I think it is necessary.

The principle of aviation service meets the needs of China, and China is gradually opening its civil aviation market. Therefore, a comprehensive study of the basic principles of aviation services is an important subject of civil aviation reform in China.

Second, the analysis of basic aviation service principles

(1) The background of the basic air service principles.

Essential airlines originated in the United States, which is the product of the airline exclusion rules act (1978). The main content of the relevant bill is to emphasize that the government should reduce the control of the aviation industry, and induce enterprises to rely on market forces through measures such as airlines entering the market and expanding their business, liberalizing fares and no longer restricting Jl.

It is expected that airlines will continuously improve their operation and management, improve their service level, meet the needs of national economic development, reduce costs and provide reasonable fares to the public through competitive pressure. However, while considering whether deregulation policy should be proposed, the government is worried that the implementation of deregulation policy will lead airlines to give up unprofitable feeder lines in order to obtain historical profits. In order to solve the related problems, at that time, the US Congress advocated adding Article 4 19 to the federal regulations, and put forward the principle of necessary air services for the first time, so as to ensure that smaller cities have enough routes to connect with domestic and international air transport and cooperate with the development of the overall aviation system.

(1) Main contents of basic aviation service principles

The main content of necessary aviation services is that the government provides economic assistance to airlines and supports them to operate the necessary routes that require aviation services. At that time, the definition of necessary aviation services in federal regulations was: "the route that the relevant authorities considered to be in line with the interests of the community }i=II. The relevant routes are connected to the national air trunk lines, and the relevant fares }i= there is no unfairness, irrationality, discrimination or prejudice. "

It can be seen that the route as a basic aviation service must be connected with the national air transport system. On the 2 nd, in order to protect the interests of consumers, relevant routes were set up. In the case of state subsidies, airlines operating related routes shall not charge unreasonable fares to passengers. According to the relevant regulations, the US Department of Transportation will consider the following factors to determine whether the relevant routes are necessary aviation services: (l) the transportation needs of the relevant communities; C2) Geographical location of relevant community transportation hubs; (3) the political nature of community transportation hub

Political and commercial status; (4) Location and equipment of relevant community airports; (5) Traffic volume of existing routes in relevant communities; (6) The type of aircraft required by the community concerned; (7) The largest transfer station of the relevant community transportation hub; (8) The distance between the relevant community transportation hub and other community transportation hubs.

The authorities concerned will consider many factors when deciding whether the relevant routes are essential air services, and seek to balance the interests of all parties. Jl II conforms to the overall development of national air transport. After approving the relevant routes as essential aviation services, the US Department of Transportation will give appropriate subsidies to airlines operating the relevant routes to maintain the normal operation of the relevant routes. In fact, the basic air service principle has been adopted not only by the United States, but also by Australia and other countries, the International Civil Aviation Organization and the World Tourism Organization.

(2) Widely adopted and supported by China and the World Trade Organization. Although the specific content of implementation varies from country to country, there is no consistency based on spirit. They have the characteristics of Ibrahima: (1) In order to connect the less populated communities.

A populous community; (2) Providing financial assistance to help airlines operate relevant routes; (3) The traffic volume of the operating routes is small, and Jl can't be maintained in the case of horizontal competition on the 2nd; (4) management

The airlines of the relevant routes operate in the form of monopoly; (5) The application of relevant routes needs to go through a fair and open bidding system; (6) Grant the right to operate the relevant routes by way of franchising, and grant Jl II.

Time limit; (7) The government has the right to supervise the quality, quantity and types of passenger planes used on the relevant routes.

It can be seen that the necessary aviation services are the product of deregulation, and they are used to maintain air transport services in remote areas or areas without economic benefits with the government's economic assistance. Its purpose is to prevent airlines from giving up remote areas or routes with no economic benefits for profit after deregulation. However, because the relevant policies involve the government's intervention in the aviation market, airlines operating related routes are strictly supervised by the government to prevent the government's economic assistance from being abused.

Third, the intrinsic value of the basic aviation service principles:

Conflict between government aid and fair competition

The government's financial assistance to airlines should be limited, otherwise it will cause excessive intervention in the aviation industry and thus unfair competition. In fact, all countries in the world are interested in domestic

The economic assistance of airlines is very common, and the ways of daily assistance are also diversified. The government's financial assistance to airlines operating important routes can be regarded as one of them. The Montreal conference in 2003 tried to analyze and discuss the economic assistance to airlines from the perspective of their sustainable survival and fair competition.

(a) The principle of "sustainable viability"

As far as air transport is concerned, "sustainability" generally refers to the ability of airlines to maintain their presence in the market, and Jl II includes effectively continuing to provide aviation services on board. It not only

It involves issues such as market size, business location, and willingness to travel. Japan is also subject to national policies on economic development, labor, tourism, social needs, and national security. Therefore, air transport

The sustainable survival of human beings, including the supportability of aviation services, is the fundamental reason why many countries have provided extensive assistance and subsidies to Mu L Yu L air carriers for many years, and it has also become

The countries concerned have reason to provide assistance to airlines in Mu Shang.

(A) the principle of fair competition

The principle of fair competition is an important principle of international air transport. Article 44 of the Chicago Convention stipulates that one of the purposes of ICAO is to "ensure that the rights of contracting States are fully respected."

Every contracting state has a fair opportunity to operate international air transport enterprises. "While the state provides assistance to airlines, airlines of all countries should have equal opportunities to participate in international air transport.

Although this kind of participation does not require equality of results, it must ensure the maximization of participation opportunities.

The above two principles are interrelated, that is, one side realizes the sustainable survival of air carriers by providing state aid and subsidies, and the other side ensures the normal competition of the aviation industry. How to adjust these two principles became the focus of discussion at the meeting.

On the issue that countries are airlines operating necessary routes, countries generally believe that state aid or subsidies are not necessarily unfair, but the problem is that countries should take transparent and effective measures to ensure that their assistance/benefits to some airlines will not have a negative impact on other airlines participating in the competition. As far as necessary aviation services are concerned, it is reasonable for all countries to provide some form of assistance to support the lowest level of aviation services in remote areas, as long as their distribution is transparent and effective.

At the same time, donor countries should make corresponding institutional arrangements, such as establishing a tripartite bidding system, clearly defining the selection criteria applicable to the two types of subsidies, and maintaining fair competition among airlines.

Iv. China implements necessary aviation.

Problems in service principles

In order to improve the air management system and implement the principle of necessary aviation services, the correct question is how to improve the route network of China. This is because when determining whether individual routes are necessary, the government should not only consider the demand for aviation services in individual regions, but also consider the entire aviation network system in China, so as to draw the most economical and cost-effective aviation network blueprint. Without a perfect aviation network blueprint, it is impossible! }. Which route is necessary for air service?

Five, the application of basic aviation service principles today.

Influence of China's air transport management legal system Although the current China law Jl does not clearly stipulate the principle of necessary air services, the Civil Aviation Administration has already considered the market demand factor when considering shenqing on T-day, adding, canceling or changing routes. At present, the General Administration of Civil Aviation of China and local customs and administrations are responsible for air transport management in China. They supervise and manage the operation of inter-regional and intra-regional routes and flights respectively. In short, China's civil aviation air routes are divided into international routes and domestic routes, and the relevant provisions are based on the definition of domestic air transport and international air transport in Article 107 of the Civil Aviation Law of People's Republic of China (PRC) (hereinafter referred to as the Aviation Law). According to the relevant regulations, domestic air transport refers to the departure place, agreed stopover place and destination of the transport according to the air transport contract concluded by the parties.

All in People's Republic of China (PRC). International air transport refers to the starting point and destination of transport according to the air transport contract concluded by the parties, regardless of whether the transport is uninterrupted or transshipment.

The location or one of the agreed stopovers is not in People's Republic of China (PRC). China's air transport management system manages international and domestic routes respectively, which are governed by different legal systems.

Conclusion of intransitive verbs

Although the necessary aviation service is a measure for the United States to deregulate and provide economic assistance to airlines in order to maintain long-distance or uneconomical route transportation services. However, the relevant principles have been recognized by countries and international organizations and become an important topic of discussion. China's civil aviation reform has really changed the original government monopoly on civil aviation. The opening of aviation market has become a matter of time, not principle. The author thinks that China civil aviation urgently needs to improve the air traffic control system in China. There is only perfect emptiness.

Only by managing the system well and implementing the necessary aviation services can we establish a sound and stable aviation market and improve China's air traffic control system.