Research On The Legal Responsibility Of International Air Carrier To Air Accident

In 1929, Warsaw Convention was concluded, which meant that Carrier’s legal liability system of international air transportation began to be unified and be improved. Then, after several amendments, the “Warsaw System” was eventually formed. However, with the constant development and strengthening of air transport industry, “Warsaw System” was being faced the questions and challenges, and the crisis became more and more apparent. The conclusion of Montreal Convention of 1999 at the right moment, indicated that the carrier’s legal liability system of international air transportation took a crucial step. Montreal Convention is more adapted to the needs of modern development. It has shown a incomparable advantage in system design,which is exactly what we should learn from. Under this background, the author profoundly dissects the carrier’s legal liability system of international air transportation by using the methods of literature research, historical comparison and case analysis, revolving around “Warsaw System”, especially Warsaw Convention of 1929 and Montreal Convention of 1999. The author also analyzes the case about the missing Malaysian flight MH370, which has been intensively concerned recently. Furthermore, this thesis deeply reflects on china’s legislation on carrier’s liability system of air transportation, and explores how to adjust and improve china’s relevant legal system of air transportation.There’re six parts in the thesis. As a summary, the first part compares the relevant concepts to define the scope of this thesis; then, discusses the process of formation and development of the Carrier’s legal liability system on the basis of the analysis about the meaning, nature and value of Carrier’s legal liability. From the second part to the fourth part, this thesis probes into three key legal problems in the legal liability regime of international air transport carriers when air disaster happens, which involves criterion of liability, limitation of liability, and scope of compensation. Therefore, these three parts are the most important contents of this thesis. Among them, the second part mainly discusses the concepts and the formative reasons of the fault presumption principle, the strict liability principle, and the two-tier liability system, and the exemptions in Warsaw Convention and Montreal Convention, and analyzes the case about the missing Malaysian flight MH370, based on the theory of the two-tier liability system; the third part elaborates the historical development of liability limits; the fourth part focuses on the compensation for spiritual damages and the punitive compensation. The fifth part introspects upon the status quo of china’s legislation on carrier’s liability system of air transportation, and gives personal proposal on the modification and improvement of china’s relevant legal system of air transportation. The last part is the summary of the thesis.