on the application of the principle of essential air service in China's air transport management system
Chen Shuzheng (School of International Law, China University of Political Science and Law, Yibeijing 11188)
The English title is On the Application of Essential Air Service Principle in China's Aviation Management System
Author Chen Shuzheng;
English author Chen Shu-Zheng (China University of Politics and Law; School of International Law; Beijing 111188; China）;
Author: School of International Law, China University of Political Science and Law;
Journal of Guangdong University of Commerce, Journal of Guangdong Business College, editorial office mailbox, 14, 2115
Journal honor: ASPT source journal CJFD included journal
Key words aviation law; Air transport management; Principles of essential aviation services;
English keyword aviation law; air transport regulation; essential air service principle;
The principle of essential aviation service originated in the United States and was 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 cause excessive intervention in the aviation industry and lead to unfair competition. The application of the principle of essential aviation service requires the improvement of China's airline network and has a profound impact on China's aviation management legal system.
English abstract air transport regulation is one of the most important topics so far as the aviation sector is concerned. essential air service principle can be re. ctify the possible defects arising from the opening of aviation market.At the same time, the author attempts to examine the possible problems arising from the implementation of such principle and its effects on the existing legislation rega rding air traffic regulation.The author hopes that this paper can,on one hand, Make up for the loopholes or insurances of the e ...
docnki: ISSN: 1118-2516.1.2115-14-117
Abstract: The principle of essential aviation service originated in the United States, and was widely adopted by aviation developed countries .... The potential conflict between the market and ensuring the normal and stable development of domestic routes 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 to some extent. Otherwise, it will cause excessive pre-planning for the aviation industry, which will lead to the application of the principle of essential aviation services for small fair competition. It is required to improve China's route network. The legal system has produced many profound influences
Keywords: aviation law: air transport reply: principle of essential air services
Chinese library classification number: DF934 document identification code: A article number: 1118 2516( 2115) 14-118E OS
I. Preface
China civil aviation reform since 1949 *. In view of the huge air transport market in China, there are many problems to be solved in the civil aviation reform. An important issue in the civil aviation reform is to open China's aviation market, relax the
kinds of wall springs implemented by the state on air transport services, such as the ownership and control of air carriers, market access, fair competition and protection measures, and the settlement of disputes, and appropriately allow foreign airlines to compete with domestic airlines. Therefore, how to improve the aviation management system and balance the interests of the country, airlines and passengers has become an issue that CAAC must consider and cannot ignore.
an important topic of air transport management system is how to establish a perfect air transport network. China has
a huge air transport market. From 1991 to 2114, China's domestic air routes increased by a large margin every year. In 2114, for example, China I+ranked second in the world in terms of total air transportation, second only to the United States < P > Germany. Although the September 11 terrorist incident in the United States in 2111 severely hit the global air transport industry, 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 small traffic volume in the past has attracted the attention of the aviation industry. This shows that China's domestic aviation service has huge potential development space. While the Civil Aviation Administration of China has decided to appropriately open the domestic aviation market in China, airlines may give up remote areas or routes with no economic benefits in order to gain historical profits.
in view of this, how to maintain routes in remote areas under the situation of opening up the aviation market has become a problem to be solved by CAAC. On the one hand, we should open up the civil aviation market, so that the civil aviation industry will become self-reliant; on the other hand, we should ensure the normal and stable development of domestic routes. How to adjust the potential conflict between them has become an inevitable problem for CAAC.
Looking at the countries with more developed aviation industry, they have taken different measures to maintain routes in remote areas. Among them, the more effective Jl II is the necessary aviation service that is widely supported by all countries. Necessary aviation service refers to the provision of necessary route services designated by the government by airlines because of financial assistance from the government. Through the government's financial assistance, aviation services in remote areas can be maintained. This principle has been widely adopted by aviation developed countries, and Jl= has been used, and Japan' has become an important topic in international aviation conferences in recent years. The author thinks that the principle of necessary < P > aviation service meets the needs of China, which is gradually opening its civil aviation market. Therefore, a comprehensive study on the principle of essential aviation services is a significant subject in the civil aviation reform in China.
second, the analysis of the principle of essential air service
(1) the background of the principle of essential air service
the principle of essential air service (Essential Air Sen}ice) originated in the United States and is the product of the airline exclusion rule act of 1978. The main content of the relevant bill is to emphasize that the government should reduce its control over the aviation industry, and take measures such as airlines entering the market and expanding their business from the mountain, liberalizing fares, and no longer restricting Jl, etc., so as to induce enterprises to rely on market power < P > to compete from the mountain. It is expected that through competitive pressure, airlines will continuously improve their management, improve their service level, meet the needs of national economic development, and at the same time reduce the cost and provide reasonable fares to the public. However, while considering whether the deregulation policy should be put forward, the government is worried that the implementation of the deregulation policy will cause airlines to give up unprofitable feeder lines in order to obtain historical profits. In order to solve the related problems, at that time, the U.S. Congress advocated adding Article 419 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 sufficient air routes to connect with domestic international air transport and cooperate with the development of the overall aviation system.
(I) Main contents of the principle of essential air services
The main content of essential air services is that the government provides economic assistance to airlines to support them to operate the necessary routes that require air services. At that time, the Federal Regulations defined the necessary air service as: "The route that the relevant authorities consider to be in the interest of the community }i=II. The relevant route is connected to the national air trunk line, and the relevant fare }i= is not unfair, unreasonable, discriminatory or biased."
From this, it can be seen that the routes that are essential aviation services must be connected with the national air transport system. On the 2nd, the relevant routes were set up to protect the interests of consumers. Airlines operating the relevant routes are not allowed to charge unreasonable fares to passengers in the case of state subsidies. In accordance with 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 hub; (3) the political
governance and commercial status of the community transportation hub; (4) the location and equipment of the relevant community airports; (5) the traffic volume of the existing routes in the relevant communities; (6) The type of aircraft required by the community concerned; (7) Maximum transfer station of relevant community transportation hub; (8) The distance between the relevant community transportation hub and other community transportation hubs.
when deciding whether the relevant route belongs to the necessary air service, the relevant authorities consider many factors and seek to balance the interests of all parties. Jl II is in line with the whole development of national air transport. After approving the relevant routes as essential aviation services, the US Department of Transportation will give appropriate subsidies to the airlines operating the relevant routes to maintain the normal operation of the relevant routes. In fact, the principle of essential air services was not only adopted by the United States and Japan, but also widely adopted and supported by Australia and other countries, the LNternational civil aviation organization-nation, the world's tourism organizations (②) and the World Trade Organization. Although the specific content of implementation varies from country to country, there is no agreement based on spirit. They have the following characteristics: (1) In order to connect communities with less population < P > to communities with more population; (2) providing financial assistance to help airlines operate the relevant routes; (3) The traffic volume of the operated routes is small, and Jl cannot be maintained in the case of competition in the same industry on the 2nd; (4) The airlines operating
the relevant routes operate in the form of monopoly; (5) The application for relevant routes needs to go through a fair and open bidding system; (6) The right to operate the relevant routes is granted in the form of franchise, and Jl II grants
time limit; (7) The government has the right to supervise the quality, volume and types of passenger planes used by the relevant routes.
it can be seen that the necessary air services are the product of deregulation, which is used to maintain air transport services in remote areas or areas with no economic benefits when the government provides economic assistance. Its purpose is to prevent airlines from giving up remote areas or routes with no economic benefits for profit after deregulation. However, since the relevant policies involve the government's intervention in the aviation market, the airlines operating the relevant routes are strictly supervised by the government to prevent the government's economic assistance from being abused.
Third, the intrinsic value of the principle of essential aviation services:
Conflict between government aid and fair competition
The government's economic assistance to airlines should be limited, otherwise it will cause excessive intervention in the aviation industry, thus causing unfair competition. In fact, economic assistance to domestic airlines is very common in all countries of the world, and the ways of Japanese assistance are also diversified. The government's financial assistance to airlines operating essential air service routes can be regarded as one of them. The 2113 Montreal conference tried to analyze and discuss the issue of economic assistance to airlines from the perspectives of sustainable survival and fair competition of air carriers.
(1) the principle of "sustainable viability"
as far as air transportation is concerned, "sustainable viability" generally refers to the ability of airlines to maintain their existence in the market, and Jl II includes effectively continuing to provide aviation services on board. It not only
involves issues such as market size, business location and willingness to travel, but also is subject to national policies on economic development, labor, tourism, social needs and national security. Therefore, the sustainable survival of air carriers
, including the supportability of air services, has been a root cause for many countries to provide a wide range of assistance and subsidies to air carriers, and it has also become a reason for
relevant countries to provide assistance to airlines.
(1) 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 aims of ICAO is to "ensure that the rights of contracting States are fully respected and that each 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 participation does not require equality in results, it should ensure the maximization of participation opportunities.
the above two principles are interrelated, that is, on the one hand, the sustainable survival of air carriers can be achieved by providing state aid and subsidies, and on the other hand, the normal competition of the aviation industry can be ensured. How to adjust the above two principles became the focus of discussion at the meeting.
on the issue that the country is an airline that operates the necessary air routes, countries generally believe that the state aid or subsidy itself is not necessarily unfair, but the problem is that countries should take transparent and effective measures to ensure that their assistance/benefits to some air carriers will not negatively affect other air carriers participating in the competition. As far as necessary aviation services are concerned, all countries agree that some form of assistance is provided to support the minimum level of aviation services in remote areas, as long as its distribution is transparent and effective.