The Quota System Of Modern Aviation Tort Liability For Damage

Since the birth of air transport is considered highly dangerous mode of transport, most countries in the world aviation tort damages for using the liability limit, which Reducing air transport carrier operating risks, but limited the relief of victims’ rights. Chinese aviation tort damages of not only the lower limit, and the implementation of international and domestic compensation dual system, contrary to the principle of the right to equal protection of the urgent need for further modification and improvement.In order to regulate liability for accidents in air transportation since1929"Warsaw Convention", the world successively signed the "Rome Convention","Montreal Convention" and its Protocols. The above conventions on the subject of air transport accidents, responsibility principle, responsibility and other matters have done a detailed provision. Since the "Warsaw Convention" for the first time since the system appeared liability limit, the system never stopped arguing. With the development of society, people should be aware of the interest in the value of the lives of the passengers on the above economic interests. It is in this context,"the Montreal Convention" came into being. The convention will be the absolute responsibility of the carrier air transport system to a full quota flexible dual gradient responsibility, not only improves the limits of the amount of damages, but also to get the full benefits of the legitimate rights of the victim provides a way.Although the limits of liability regime legitimacy has been questioned, but because of the history, industry characteristics and other factors, the limits of liability exists in the aviation system has been the case among tort damages. Supporters argue that the limit of liability risk control system for the air transport industry is an integral part of, and opponents from the perspective of the individual rights of its fierce criticism. The existence of the limits of liability regime has its own rationale, but in today’s socio-economic conditions, but should focus on the protection of fairness and of life, economic interests and social development is not to be considered a top priority, so that damages to the quota system must be reformed adapt to the demands of the times.Scope is very wide limits of liability regime, the object is covered personal injury compensation, property damages, the object both passenger air transport and air transport suffered against the land, the water third person. Limit the amount of damage based on the size of the object of interest is also high to low range.Our aviation accident damages on a two-track system uses the principle of dealing with international air transport accidents follow the "Montreal Convention" and its protocols; domestic air transport dispute is resolved in accordance with our domestic legislation. Although the provisions of China’s domestic laws and regulations are based on "the Montreal Convention" and its Protocol-based, and enacted in2006,"the domestic air transport carrier liability limits prescribed" compensation limit will increase air transport carriers, but still not perfect, differentiated approach is also contrary to the values of life in the same price. The current international aviation tort damages system is moving in the range expansion compensation, compensation limit latitude, the direction of the development of social liability, but in personal and property damage compensation terms were retained quota system, far behind the international trend for the protection of the interests of domestic civil air transport of passengers is very unfavorable. Drawing on international air transport tort liability system, it is necessary to modify the country’s air transport damages quota system, harmonization of domestic and international air transport tort damages quota system, improve air transport accident victims’ rights avenues of relief and encouraging judicial practice in specific applicable compensation for moral damage.