A Comparative Study on Legal Status of Airports on Both Sides of the Straits

The cross-strait flights have been developing for years. However, there are great discrepancies between the air laws of the mainland and Taiwan, which hinders the development of cross-strait flights. For the purpose of promoting the cross-strait flights, settling down the relevant disputes, we should put forward countermeasures on coordination of the conflicts of air laws of the mainland and Taiwan. The legal status of airport, which plays a vital role in coordinating the legislation on aviation of Two Sides of the Straits, is one of the protection bases of rights and interests of carrier, passenger and owner of cargo. As far as the legal system of airport is concerned, the different definition of airport reflects the discrepancies of legislation technology concerning air law. In the mainland, an airport is defined as a public infrastructure, while in Taiwan an airport is a locus publics/public place?, whose services are rendered by enterprises. The functional difference thus leads to internal and external constraints on airport management,as well as the discrepant legal status from the perspective of private law.