On Legal Aspects Of Air Passenger Liability Insurance

With the continuous development of the civil aviation industry,the problem of passenger relief is increasingly important.Carrier liability alone cannot guarantee passengers' sufficient and effective compensation.Air Passenger Liability Insurance mechanism came into being.Air Passenger Liability Insurance studied in this paper is for civil aviation passenger transportation,and the insurance subject is air carrier's liability to passengers.It plays an important role in air passengers' personal injury,death,loss,damage and delay of luggage,flight delay,cancellation,and denial of boarding.The first chapter is an overview of the general issues of Air Passenger Liability Insurance.Air Passenger Liability Insurance is necessary.Air Passenger Liability Insurance mechanism not only meets the requirements of justice value,but also effectively compensates for the limitations of carrier's liability,and has irreplaceable superiority over other passenger relief mechanisms;the characteristics of Air Passenger Liability Insurance is different from general commercial insurance,that is,the involvement of public welfare,mandatory requirements and the involvement of third-party;the main legal subjects involved in this insurance are insurers,air carriers,passengers and insurance agents,insurance brokers,etc.;this insurance can be divided into air passengers personal injury and death liability insurance,flight delay,cancellation and denial of boarding liability insurance and luggage liability insurance.The second chapter studies the development of Air Passenger Liability Insurance.From the perspective of international conventions,the Warsaw System established the prototype of the Air Passenger Liability Insurance mechanism.Article 50 of the Montreal Convention preliminarily established a mandatory aviation liability insurance system;from the perspective of each domestic law,the Air Passenger Liability Insurance mechanism has also undergone a process from initial establishment to gradual development,showing the following characteristics during development: the expansion of insurance categories and coverage,the scientificization of insurance standards and limits,the scientificization of insurance protection mechanisms,and the improvement of the reinsurance market.However,Air Passenger Liability Insurance still has problems of legislative conflicts and legislative blanks.Legislation is still immature globally.The third and fourth chapters respectively study the legal issues involved in the three liability insurance categories.Based on the study of its carrier's liability,the relevant insurance liability will be studied on the basis of the convention and the domestic law of the United States,the European Union,Canada,Australia and other countries and regions.The first is air passenger personal injury and death insurance.Legislation on carrier's liability is relatively comprehensive and complex,which influences it's liability insurance on the coverage of insurance,insurance money and insurance premiums,as well as the procedures and basis for the claims,etc.;there is a general legislative gap in the liability of carriers for flight delay,cancellation,and denial of boarding,so mandatory Liability insurancesystem hasn't been established.,and liability insurance contract parties have greater freedom in various aspects.In luggage liability insurance,the carrier's liability legislation is relatively clear.Most carriers will choose to insure against the destruction,loss,damage,and delay of luggage.Because of its small insurance subject and relatively simple damage,it also has corresponding features in the coverage of liability insurance,insurance money and premiums,and claims.The fifth chapter proposes to improve China's Air Passenger Liability Insurance based on the study of China's Air Passenger Liability Insurance legislation and industry mechanism.First,it should improve legislation in carrier's liability by amending the legislation on the requirements,nature,standard and limits of carrier's liability.Secondly,it should improve legislation on liability insurance by establishing a mandatory liability insurance mechanism,clarifying the category and scope of the liability insurance,regulating the scope of coverage and limits of liability insurance;Finally,the industrial mechanism of the civil aviation industry and the insurance industry should be improved in the following two aspects,the function of the liability insurance should be fully utilized,and the process of standardizing and integrating the liability insurance should be promoted.