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Research On Personal Injury Compensation In The International Air Passenger Transportation

Posted on:2016-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:J HuangFull Text:PDF
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With rapid development of economy globalization, communication between people around the world has become increasingly frequent. The international passenger air transportation has naturally become one of the most important transportation. Unluckily, aviation accidents occurred, such as Asian Accident in 2013 and Malaysia Airline MH17 crashed and MH370 missing in 2014. Compensation for personal injury has following the aviation accident inevitably. The issue of compensation become troublesome because the damage caused by such accident is large, the definition of responsibility is complex, the number of involved person is numerous and the relative legal relationship is rather complicated.Meanwhile, the personal injury compensation in international passenger air transportation is not only adjusted by the International Aviation Law or international treaties, but also regulated by the domestic tort law. However, the research in tort law in our country is relatively lag behind and we need more compliment in our legislation. Therefore, this dissertation bases on personal injury in international air passenger transportation, defines the relative concepts and legal subjects and researches in a theoretical way.Through the case analysis of the Malaysia Airline MH370 Accident using legislations, such as Montreal Convention, China’s Contract Law, Civil Procedural Law as well as tort law, to analyze the involved personal injury compensation issues, for example, liability concurrence, law application and jurisdiction, compensation standard and limitation as well as flight code sharing and commercial insurance liability issues. Finally combining with our country’s current economic development situation and the legislative environment, for the tort liability law of our country, the civil aviation act gives his own legislative proposals, hope our country law to be more perfect.The innovation of the paper is the research methods and domestic legislative Suggestions. Although this article is research as the main way, but still introduced the latest hot issues, for the analysis of the combination of theory and practice, standing in various angles in this paper, the problem of personal injury compensation in the international air passenger transport. Through the comparative of the international treaties and the law of the country, the holder of the claim on compensation for personal injury compensation have the right to select prosecution legal basis.Through the analysis of the legislative trend of the international aviation tort compensation and the existing laws and regulations in our country, give the following Suggestions: the first suggestion is to increase in the civil aviation act limit for compensation;the second is the introduction of the Montreal convention "double gradient" imputation principle, Third, delete the civil aviation law of the limitation on the passenger health provision. Through to the related legal changes, make domestic air passenger personal injury compensation in line with international standards, at the same time protect the legal rights and interests of the holder of the compensation.
Keywords/Search Tags:International Passenger Air Transport, Personal Injury Compensation, Tort Law, International Treaties
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