去年有关媒体曾报道,国内某航空公司因实行客票超售导致一位旅客不能登机,致使该旅客错过百万元合同的签订机会,该旅客故而向航空公司提出了高额的索赔请求。记得当时就如何认定航空公司在航班超售方面的法律责任问题,各位专家和学者可谓众说纷纭。无独有偶,本文作者在最近的航空法研习中,发现了两个判决截然不同的航班超售案件。本文以这两个案件为例,对航班超售的形成原因、法律责任以及减少航班超售的办法等问题作了初步分析,希望能有助于广大旅客加深对航班超售问题的理解,避免由于航班超售导致延误所引发的矛盾激化 Last year, the media reported that due to the implementation of overbooking of an airline ticket, a passenger could not board the plane, causing the passenger to miss the opportunity of signing a million-dollar contract. As a result, the passenger made a high claim to the airline. I remember at that time on how to determine the airline over the legal aspects of flight liability issues, experts and scholars can be described as divergent opinions. Coincidentally, the author of this article in the recent study of aviation law, found two completely different judgments of flight oversold cases. Taking the two cases as an example, this article makes a preliminary analysis of the formation reasons, legal liabilities and measures to reduce overbooking of flights, hoping to help passengers to deepen their understanding of overbooking flights and avoid them Contradictions caused by delay due to oversold flights intensified