Abstract: To clarify the legal status of the captain is essential for the safe flight of the aircraft,the Tokyo Convention,the Montreal Protocol and the domestic laws stipulate that the captain has the supreme authority during transport period. With the rapid development of the air transport industry,a series of questions concerning the legal status of the captain occur ensued,and the existing stipulations not cover these new issues,it is necessary to review the current air laws and regulations. Therefore,this thesis analyzes the attributes,scope and limits of the power of the captain base on judicial practice,by using comparative analysis method and empirical analysis method,and theoretically combs the legal rules involved in the power of the captain. To compared with the provisions of international conventions and foreign legislation,the existing legislation of China is too fragmented,the poorly convergence of laws,etc. Especially lack of the provisions that relate to the decision-making power,security penalties,and restrictions of captain,it should be have a further improvement to protect the safety of air transport and the legitimate interests of people who on the flight.