| Following the implementation of China door-opening policy to the outside world, at present, our country has become a more powerful aviation country. No matter whether on the volume of aircrafts or on quantity of carrying passengers and cargoes, China has reached the same level as developed countries such as the U.S.A. and Germany. Meanwhile, with the pace of China's accession to WTO accelerated, Chinese aviation market has gradually been open with each passing day. That Chinese aircrafts flying abroad and foreign aircrafts flying to China have become all the more frequent. In view of aviation transport being an international transport activity, it is unavoidable that issues of carrier's liabilities arising of aircraft operation will take place. In fact, recently, damages arising of accident of dropping and crashing of foreign aircrafts, cases on claims for personal injury arising of passengers transport contract as well as cargo loss and damage arising of freight transport contract, endless law suits have appeared domestically.As international aviation law being not a law department emphasized sufficiently by the legal circle in our country, it seems not so often to conduct the research of Warsaw liability system involving carrier's liability. Therefore, to strengthen the research on international aviation law concerning carrier's liability system and minimize the demarcation between domestic law and international aviation law concerning carrier's liability system will be beneficial to the development of China's civil aviation. This thesis takes liability system of air carriers as the subject of research. By way of studying the formation of "Warsaw" liability system and its process of development, this thesis objectively analyses the reasonableness of Warsaw liability system's coming into being and its enthusiastic function in unifying the liability of international air-carriers.In the meantime, it also objectively analyses after the economical development what challenges and reform the Warsaw liability will be confronted. These challenges and reform will promote the emergence of the draft of new convention which enables air carriers liability system to comply with demand of social development and interests of consumers so as to further perfect and fully reflect the principle of legal fairness on original basis.This thesis also takes the method of analysis and contrast to conduct comparison among "Warsaw" liability system and that in the draft of new convention as well as carrier's liability stipulated in < Civil Aviation Law > of our country, so as to explicitly understand the demarcation between liability system of < Civil Aviation Law > of our country and that in the draft of new convention as well as its impact on China's aviation industry and legal system.The whole context is divided into 7 chapters, approximately 25,000 words.The first chapter sketchily expounds the development history of international aviation law, and the process of formation of "Warsaw" liability system.The second chapter, as the key chapter of the thesis more comprehensively introduces the concrete content of "Warsaw" liability system and peripheral development along with existent issues.The third chapter systematically introduces historical origin, content and characteristics of < Civil Aviation Law > of our country.The fourth chapter systematically introduces < Civil Aviation Law > of our country concerning frame and its characteristics relevant to carrier's liability system.The fifth chapter as another key chapter of this thesis, more comprehensively introduces the reform of "Warsaw" liability system and the situation of establishment of its "dual ladder" liability system.The sixth chapter, by means of contrast, expounds the demarcation of liability system of the draft of new convention and old "Warsaw" liability system.The seventh chapter further introduces the impact of the draft of new convention to China aviation industry and legal system of our c... |
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