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Research On The Accident Investigation Of International Civil Aviation

Posted on:2016-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:N DengFull Text:PDF
GTID:2296330479487977Subject:International Law
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With the deepening of economic globalization, air transportation is increasingly affecting people’s daily lives, the international air transport brings revolutionary convenience to international communication. The development of aviation technology has greatly improved the safety and reliability of modern aircraft, but aviation accidents still occur from time to time due to various reasons. High risk has always baffled aircraft transportation. Accident investigation to identify the cause after every accident is crucial, only through this procedure can we learn from failure and propose effective safety recommendations to prevent similar accidents happen again. "the International Civil Aviation Covenant" and its Annex 13 "the Investigation of Aircraft Accident and Incident" have made important provisions on aircraft accident investigation because of its importance. The existing problems and suggestions about civil aircraft accident investigation are analyzed based on relevant conventions and cases in this article. And the international standards represented by Annex 13 and the mature accident investigation system in the United States are further studied. Comparing with the present situation and disadvantages of China’s civil aircraft accident investigation system, some feasible improving measures fitting for China’s aviation development are put forward. This article is divided into four chapters.Chapter 1, Introduction. At first, the International Civil Aviation Covenant(hereinafter referred to as “the Covenant), its Annex 13 "the Investigation of Aircraft Accident and Incident" and the International Civil Aviation Organization are introduced. Then, the concept of accidents and incidents, the purpose of accident investigation are analyzed. Finally, the connotation of the Independence Principle in accident investigation and the importance of this principle to ensure the objectivity and impartiality of the investigation results are clarified.Chapter 2, the Authority of Accident Investigation. The dominant and participating countries and their permissions in the investigation are introduced at first in this Chapter. Then the disadvantages of relevant provisions of the Covenant and Annex 13 are discussed by taking the Malaysia Airlines MH17 accident as an example. Finally, some special circumstances in which the investigating team needs to be set up by the ICAO is elaborated, breaking through the provisions of the conventions.Chapter 3, the Accident Investigation Report. The use and characteristics of the accident investigation report are discussed at first, then the relationship between the report and compensation is further elaborated from three angles: the evidence attribute of the report, whether the report can decide the damages, and the effect of the report on the "Exemption Agreement".Chapter 4, the Implementation of Independence Principle of Accident Investigation in China. This Chapter starts with the status and disadvantages of China’s civil aircraft accident investigation system. Comparing with the system of the United States in which the Independence Principle has already strictly carried out, some positive suggestions on how to improve China’s investigation mechanism to meet the international requirements are put forward.In conclusion, given the importance of accident investigation for improving aircraft reliability and promoting healthy development of civil aviation industry, relevant international conventions should perfect its rules on many aspects, such as the foundation of investigating team, the use of the investigation report and so on. States parties shall modify related domestic legislation and investigation mechanism in accordance with the Covenant and Annex 13. Every accident investigation shall implement the principle of independent investigation to ensure the smooth operation of the investigation process and the objectively and fairly of the results. With the maturity of international and domestic accident investigation mechanism, and accumulation of experience after every accident investigation, air transport will become a more secure way of transportation. Wish tragic aviation accidents no happen again.
Keywords/Search Tags:the International Civil Aviation Covenant, the Investigation of Accident and Incident, the Independence Principle, Accident Investigation Team, Accident Investigation Report
PDF Full Text Request
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