Study On Carrier's Liability System Of Passenger's Air Transportation

With the development of aviation technology, the security of air transportation improves unceasingly, and in passenger transportation, the advantages of air transportation are increasingly obvious, especially in the international air transportation field. At the same time, the fierce competition in the aviation market leads to the reduction of airfare, so more and more passengers choose to travel by air. Although air transportation is more secure than others, aviation accidents still frequently occur because of various reasons, so do the flight delays. When passengers choose the convenient and rapid air transportation, they are confronted with the inherent risks of air transportation. More passengers begin to protect their rights. Therefore, in the field of aviation law, the reform on carrier's liability system of passenger's air transportation is considered to be a focal point.Since the air law was born with internationalism, carrier's liability system of passenger's air transportation attracted much attention of the international society. Carrier's liability system of passenger's air transportation began to be improved and be unified thanks to the conclusion of Warsaw Convention of 1929. Then, Warsaw Convention was revised to form Warsaw System. With the development of aviation industry, Warsaw System faces the challenge of modernization. In 1999, Montreal Convention was concluded on the basis of summing up the 70 years'experience of Warsaw System, which indicated the carrier's liability system of passenger's international air transportation came to a new stage. Correspondingly, aviation law developed slowly in China, and carrier's liability system of passenger's air transportation in Civil Aviation Law made in 1995 isn't consistent with social development. Because Montreal Convention has come into force in China, the "double-track system" between international transport and internal traffic brings great difficulty to the legal system and legal practice. The design of carrier's liability system of passenger's air transportation in Montreal Convention demonstrates many advantages without comparison, which we should learn from.As a starting point to balance interests between carrier and consumer, this essay is supposed to analyze advantages of Montreal Convention in constitution of culpa, principle of liability undertaking, limit of liability, compensation for damages, and bring forward the modification suggestions to Civil Aviation Law. On constitution of culpa, Montreal Convention distinguishes obviously between "accident" and "occurrence", reasonably designs the exoneration reasons. The most prominent feature is the design of the two-tier liability system and higher limits of liability, which is not only beneficial to unify Aviation Law, but also significant to learn modern carrier's liability system of air transportation. Concerning compensation for damages, Montreal Convention had left bigger space to domestic law, and excluded pure mental injury compensation. We ought to draw the system designs of Montreal Convention, to define the expression of liability and the period of liability correctly , to stipulate the range of exoneration reason, to adopt the two-tier liability system and higher limits of liability, to reflect on the calculation Method of Personal injury compensation, to establish rational compensation system. We should revise the unreasonable rules of carrier's liability system of passenger's air transportation, promote the development of civil aviation law, and create a favorable legal environment for the development of aviation industry and the protection of consumer's rights.