Research On Carrier’s Liability To Passengers In The International Air Crash

The "MAS" event occurred in March 8, 2014 attracted attention to the compensation of international air crash once again. As the serious international air transport accident, the core of compensation is to identify and realize the responsibility by applying the relevant theory and rules of international law. The "Warsaw system" and "Montreal Convention" provides the carrier’s liability and we can find the changes in the content of the Convention. For example, the imputation principle is more strict and the limits of liability is expansion and the jurisdiction make more protect to passengers.From all of these. It can be seen that the society has evolved to fair and equitable and people are taken seriously.This paper first defines the international crash and the carrier’s liability to passengers, then analyzes the responsibility principle, the quota of responsibility, the development of the jurisdiction of the carrier’s liability under the relevant conventions, as well as the different processing results because of the International Conventions is not clear.For example, on the issue of compensation for moral damage, countries will be divided into purely moral damage and physical damage associated with mental damage,there are different identification results due to different interpretations in judicial precedents;The introduction of the "fifth jurisdiction" system makes it easier on visitors proceedings on the issue of jurisdiction. At the same time, the unique "long arm jurisdiction" and "inconvenient jurisdiction" system in United States of America caused some obstacles to solve the problem of international crash. From a practical point of view,the above theory and problems are reflected in specific international air crash cases, for example: international air crash of Asiana" and "Air France Concorde crash" and case of Malaysia flight lost events.China’s "Civil Aviation" has developed over 20 years, and the liability regime are lagged. For example, the compensation limit is different from foreign, operating standards are not clear in mental damage compensation system of the aviation, the responsible are single. In order to perfect China’s "Civil Aviation", this paper will study the provisions of International Conventions and the relevant jurisprudence of other countries.The innovation point of this paper is to make the responsibility of the carrier more stricter and cancel the responsibility quota system, in the Humanistic thought and justice idea. China could make the previous system optimize and perfect, by drawing the “Inconvenient jurisdiction” system in USA. In addition, it’s better to introduce the related responsibility of the international air crash when the carrier be investigated for responsibility, Such as the product responsibility, the air traffic control department, ground service department. So it provides another way to protect the rights of passengers.