Study On Legal Issues Of Personal Injury Compensation In Air Transport

Civil aviation is a kind of independent and dynamic transportation, which plays an indispensable role in the whole national economy and social life. International and domestic air transport are divided between two different legal systems. At present, the carrier's liability system provided in China's domestic air law has been outdated, therefore judicial practice is not in full accordance with our current compensation standards, which indicates that the system of civil compensation is of lag and unscientific nature, so revising certain existing civil aviation law is urgent.In this paper, comparative studies and legal analysis form the research methods. The author researches among three areas----the related international treaties and related domestic provisions and the judicial practice of domestic and international, then points out the shortcomings of personal injury compensation in China civil aviation, and draws on some superficial opinions on the basis of international treaties provisions.This paper consists of five parts, the main contents are as follows:The first part is about the personal injury compensation for the air transport definition. There is an overview of several personal injury cases in the air transport, and then the author legally analyzes in existing regulations, particularly analyzes the period of responsibility, compensation levels and compensation standards, and finally shows the problems and the unscientific compensation and the imperfect system in mental damage.The second part is about the subjects in the compensation sue. In this part, the author analyzes who has the right to claim and what provisions they can use. The important content is the exiting issues and difficulties.The third part discusses the criterion of liability about the personal injury in air transport. Firstly reviews the development of the criterion of liability adopted in international treaties, then analyzes the domestic existing provisions. In the end, the author points out existing problems by comparing the two provisions.The fourth part describes the scope and standards of compensation as well as the amount in detail at home and abroad. And tells the difference between them. Then put forwards a number of existing problems. And then highlights the controversies over the reasons for compensation limit; then focuses on the development process and judicial decisions in and out of mental damages. Finally the lack system in mental damage compensation in China is analyzed.The fifth part is author's opinions and advices. The author puts forward some ideas which can solve each problem showed before. And gives some perfect suggestions based on the international treaties.