The independence of Aviation Law refers to the formation of an aviation law and the formation of an independent legal department.

Whether the aviation law is independent, and whether it can become an independent legal department, there are two views in the coming calendar, and there are disagreements to the present. Some scholars deny the independence of the aviation law, or even deny the existence of the aviation law. They think that there is nothing new in the aviation law. They only apply all kinds of existing laws, such as international public law, private international law, maritime law, administrative law, criminal law and commercial law, etc. Some scholars also believe that the aviation law should unconditionally apply the commercial law to the aviation activities. In their view, as long as we see a fact, we can explain this point that both the sea and the air are sailing, and they are living independently when they leave the land until they arrive at the port or land.

From a historical point of view, the aviation law is greatly influenced by the maritime law and the law of the sea. Maritime transport law is the core part of maritime law, and its origin can be traced back to the beginning of maritime cargo transportation. The current international production test can be one of the earliest maritime law is generally considered by the 600 to 800 years originated from the Phoenicians and Greeks in maritime law of "Rhodes law", carriage of goods by air is the core part of the civil aviation law, but the Civil Aviation Law of modern significance in 1903 after air and gravity powered aircraft -- the airplane was gradually developed. As a result, civil aviation law is a very young law for other law departments. However, due to the rapid development of civil aviation, civil aviation law has developed into a relatively perfect legal system in the short one hundred years.

It can be said that aviation law was the product of the early twentieth Century, and even before human beings had not completely conquered the air space, people began to explore the legal issues of aviation. In this historical background, it is completely understandable that people use the model of maritime law to study the aviation law. The impression of the maritime law on aviation law has been seen so far. "Air navigation (AirNavigation)", "driving" or "pilot" (Pilot), "the airport" (Airport) and other words, all derived from aviation terminology; 1929 "Warsaw Convention on the liability system, the presumption of fault liability limitation, exemption reason and other provisions, but also imitate the maritime law in 1924" Hague rules "

However, with the rapid progress of aviation technology, aviation law has already got rid of the maritime law, aviation law again, 1919 Paris "Air Navigation Management Convention" had been used by "harmless" system, but to 1944 Chicago Radish "International Convention on Civil Aviation" abandoned the system, instead of air. "Business right" (Traff Rights) (i.e. five air free) concept, then today, air transportation has carried out "no fault liability system" (i.e., no fault liability system); and in the sea, until 1978 by the "Hamburg Rules" with "complete fault liability system"