Debateing on Aviation Law Independence From the Perspective of China

There are some debates whether aviation law is an independent department of law or not. The mainstream view is that aviation law is a new branch of international law. Indeed, aviation law is by nature international, but this does not imply that it is a branch of international law. Aviation law is comprehensive, multidisciplinary, and consists of technical norm and international aerial convention applicability restrictions, which decided that international aviation law could not contain all of the content and character of aviation law. Aviation law should become an independent department of law. Reasons cannot only be found from adjusting objects, adjustment methods and code numbers in aviation law, but also in the fact that the nation strategy of China civil aviation, aviation legislation’s new changes and cross-strait direct flights are also crucial driving factors. At present, we must promote aviation law by strengthening its theoretical foundation, enhancing knowledge fusion of aviation law and various disciplines, and modifying law subject classification approach.