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Research On The Issue Of Compensation For Moral Damage On International Air Passenger Transport

Posted on:2016-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since international air passenger transport produce, mental damages arising from problems caused by the transport of passengers on the attendant, but with other problems caused by air passenger traffic generated by different, whether it is the earliest in 1929, "Warsaw Convention" or the most recent in 1999 "Montreal Convention", after seventy countries and international organizations are contained failed to come up with a concrete solution. Based on the initial stage of the development of civil aviation and the countries in the background of the spiritual awareness of the damage was different, "Warsaw Convention" from the makers of the carrier development, balancing the interests of the carrier and the passenger, identified mental damage complexity and so on comprehensive consideration, is not explicitly written in the spirit of the Convention damage, but by the countries themselves. With the explosive growth and enhance the economic level of the peoples of the civil aviation industry, people choose to travel by plane, more and more passengers in the elderly, minors, increasing the proportion of high, by air transport mental damages travelers began to enter the field of vision problems national judicial practice. For countries in the judicial practice in such cases is generally agreed upon domestic law will prevail international conventions, international conventions have not agreed then applicable domestic law. But even the latest 1999 "Montreal Convention" contains the spirit of damages theorists countries are unable to agree, national courts in the judicial practice whether the Convention also covers compensation for moral damage the issues or loose or strict interpretation, resulting in a similar or the same, but the case is very different judgments, large or small differences with the carrier and passenger expectations.In this paper, "What-Why-how to do," the logic of the idea, the main use case studies, supplemented by comparative law studies and historical research methods, damages for mental problems in the course of international air passenger transport generated research. The full text is divided into four chapters, the first chapter of this paper, the basic concepts involved, categories and characteristics of international aviation passenger mental damage and existing international conventions define, carding, pave the wav fnr full discussion second. Chanter twn existing conventions-"Warsaw Convention" and "Montreal Convention" the main line, in terms of the text, the legislative background, the carrier economic status, legislation and other national laws of the Convention delve into whether the two stages of the Convention include mental damage, for the analysis of the judicial practice of States to provide sources of international law; the third chapter by way of comparison studies of different countries for damages against two legal issues arising from the international passenger air transport more ’mental spirit of relevant legislation and judicial practice comparative analysis, summed up the two legal systems in the field of international air passenger compensation for moral damage to specifically address the problem, and to provide a reference for the development of legislation and international conventions in the future. The fourth chapter in the analysis of China’s legislation and judicial practice, drawing on the basis of the relevant international and domestic advanced system of compensation for moral damage on the building of China’s civil aviation law for moral damage compensation system put forward relevant proposals.
Keywords/Search Tags:Mental damage, passenger transport, international aviation, Warsaw system
PDF Full Text Request
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