Research On Compensation For Damages In Aviation

The north line of the Two-way Cross-strait Direct Air Route opened In December 15, 2008,which marks the formal opening of cross-strait direct flights, and also plays a pivotal position on the association, communication, unity and reunification across the Taiwan Strait. Looking back on New Year's Day on 1979, the National People's Congress Standing Committee issued a "Message to Taiwan Compatriots" ,which initiated the two sides, "open shipping postal as soon as possible "and "develop commercial trade, exchange of needed mutually "."Three links" of cross-strait has been gone through storms over 30 years. In the 1990s,aviation industry of the two sides of the Taiwan Straits began to contact and exchange,in the form of visits and seminars of the major airlines and the establishment of offices with direct flights for the technical and business issues related . Based on "cross-strait direct transportation,mutual benefit and reciprocity ",they take "more open, more than the specified ". Until November 4, 2008, ARATS and SEF signed on "Cross-Strait Air Transport Agreement" and the other three protocols in Taipei. Under the agreement, the two sides will launch two-way direct air route, normalize the passenger charter flights and open the cargo charter flights. On April 26, 2009, ARATS and SEF leaders hold a third meeting, also reached and signed a "Cross-Strait Air Transport supplementary agreement."The good news is, cross-strait direct transportation had been successfully launched in August 31, 2009 and the first voyage between two sides had also been scheduled.Throughout the achievements in the process of the cross-strait exchange cooperation in the aviation sector, "One Country Two Systems" principle has been fully implemented. However, there still has been one fact which cannot been overlooked. Under the premise of not reunification of the two sides, legal issues arising from cross-strait direct flights are far more complex than the simple domestic or international disputes. Because that Mainland China and Taiwan on the issue of damages provisions of air not quite the same ,especially when the civil aviation transport accidents occurs, there will be conflicts among legal provisions and difficult definition because of legislative gaps in how to identified the accident, attribute the responsibilities and limit the amount of compensation. On July 20, 1958 ,China joined the "Warsaw Convention", and approved the accession of the "Hague Protocol" on 20 August 1975.China officially joined the "Montreal Convention" in July 31, 2005, which provided a new idea in dealing with the private law disputes occurred between the China mainland and Taiwan civil aviation. But it also makes the air passenger compensation disputes becoming more complex.By document analysis, case analysis, comparative study, this article will research on the issue of damages aviation from cross-strait direct flights perspectives. Compared to "Montreal Convention" and combining the civil aviation law and related judicial practice both China mainland and Taiwan, this article provide solutions leading with arrangements to develop cross-strait aviation and supplemented with aviation insurance system and non-government organizations coordinating effect in the air passenger compensation disputes which may occurred after cross-strait direct flights opens.