| In modern society,be different from trains, cars and other land transport as well as ships and other water transport, air transport will be defined starting from birth to high-risk mode of transport. With the advancement of technology has been greatly improved, aircraft manufacturing and aviation equipment, facilities, safety of air transport has been greatly improved, but this does not prevent aviation accidents. Air transport event of an accident, the result is often very tragic and difficult to control, will bring great harm and suffering to injured passengers and families of the victims, and also triggered a growing number dispute of air transport accident damage compensation.There are mainly two types of solutions to these disputes,one is substantive law adjustment method, another is the conflict of laws solutions; because these disputes often have foreign elements, mostly in practice substantive law is used to resolve the problem, that is, countries signed as the main basis of international treaties, national laws applicable supplement.The compensation cases of international aviation accident involve many legal issues of the fields of private international law, my article starts from three controversial cases, by presenting its case, described the verdict, lists the focus of controversy which exists, and talks about the international air crash compensation cases jurisdiction, applicable law and the carrier liability this three main problems, with a view to play a guiding role to the victims and their families, in particular, we want to be able to still no verdict in the case of Malaysia Airlines MH370 play a positive role. This article is divided into the following chapters, about 29,000 words:The first chapter is the introduce of the case, I have chosed theee more typical cases,the first is Malaysia Airlines flight MH370 case who is lost on March 8, 2014, the second is LuHong v. United Airlines international air passenger transport damages dispute, the third is FLOYD v. EASTERN AIRLINES,INC., and lists the controversy of the cases which is caused by the related problems.This article makes a brief summary of the verdict by analysis lists the controversial case related to problems caused by, and published the author’s personal views on relevant case.The second chapter is the international air crash compensation for damages related to the legal issues involved which I want to analyze, including the issue of jurisdiction, on the basis of "Warsaw Convention" on the new four kinds of jurisdiction and the "Montreal Convention" introduces the "Warsaw Convention" provisions there is a big controversy by a fifth jurisdiction and forum non conveniens jurisdiction;followed by the application of the law of international air accidents damages cases qualitative analysis, and describes the international conventions and domestic law applicable in the order; and finally it introduces problems of the liability of the carrier, mainly begain from the compensation scope and liability limits of the carrier’s,combined with the controversy existenced in the case.The third chapter is a combination of analytical and legislative practice of foreign aforementioned problems, points out the responsibility system in terms of aviation accident damage compensation legislation before its deficiencies, and for the specific questions the author’s personal opinion. |
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