Research On The Liability Of International Air Transport Carrier On The Aviation Accident

Abstract: The causes resulting in aviation accident are complex and it is rather hard to define. After aviation accident took place, how to define the responsibility of the carrier and how to resolve the personal or property damage is a topic of great importance in international aviation field.Because of the different legal traditions, the standard on doctrine of liability, limitation of liability, jurisdiction and other issues vary from each other. In order to resolve the problems on the compensation of international aviation accident, the Warsaw System rise in response to the proper time and conditions. There are two meanings in Warsaw System's unifying the rules in international aviation transport liability rules. One of them is to unify the substantive law rules; the other one is to unify the jurisdiction of the admissibility the international air transport issue. The Warsaw Convention and eight derivative protocols and Montreal Convention establish a uniform rule on international carrier's liability, which provide a model for substantive rules of international private law and are widely recognized by the international society.In comparison with international law, the civil aviation law in our country does not coordinate with the international conventions and lacks of feasibility, which needs to be improved. Moreover the relevant theoretical research is rather rough and can not meet the needs for resolving the complex issues in reality. For example, there is no definite operation standard or the regulations is improper on compensation on mental loss, the limitations of liability and other issues; There is no typologically research on compensation on mental damage; The balance between the interest of the carrier and the passenger is lost.The fist chapter of this article introduces the current compensation conditions of aviation accident as key point, in comparison with conditions in other countries. And here analyzes the unreasonable conditions in resolving compensation issues in our country.The second chapter explores the scope of liability, the doctrine of liability, the limitation of liability and other issues according to the relevant conventions and domestic laws. Combining with the recent aviation accidents, this part analyzes the application and specific steps in judicial practice.The third chapter first introduces the establishment and the development of jurisdiction of the international aviation compensation issues and makes evaluation to the fifth jurisdiction.Then following is the analysis of Doctrine of Forum Non Conveniens. And here also discuss the application of the doctrine combing the judicial practice.The fourth chapter analyzes the laws and regulations on international aviation compensation system. Examining the conflicts between the convention and domestic law, this chapter point out to the relevant regulations in Chinese law system conflict with the conventions. Last the author puts forward personal ideal on the adjustment and improvement on our relevant laws and regulations according the recent development in aviation law.