Discussion On Legal Issues Related To Liability Of Carriers In International Passenger Air Transportation

International air passenger transportation is the important part of international air transportation and the liability of air carriers is the core of rules of international air passenger transporation, and the limitation of liability and the rule of liability are two main lines in the principle of liability of carriers. As the uniform treaty adjusting international air transportation , Warsaw Convention is adopt world widely and most controversial, which reflected obviously in the rule of liability in article 17 of Warsaw Convention and Montreal Convention. Although both two of treaties have defined the scope of liability and the exemption of liability, nevertheless, the technology and ecnomics of aviation have changed in ways unforseeable to some elements such as accident, duration of liability and damage sustained.In the case of jurisdiction, the convention's signatories have struggled , through their domestic courts, to follow its rules of liability.This article analyze the elements in rules of liability to explain limitation of liability and rule of liability of carriers, through comparing Warsaw Convention with Montreal Convention. Our country is one of the signatories of treaties, the limitation and the rule of liability are with positive value to prove the rule of liability of carriers in our Civil air law. The first part makes an analysis of development of international air private law from historical view. The second part makes detail description of accident, duration of liability and damage sustained and emphasizes whether the damage sustained includes pure mental injury. The third part emphasizes the principle of double-classes in Montreal Convention and the compensation in convention is punitive or compensatory. The forth part promotes some suggestions on amendment of legislation of Civil air law.