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Study On The Compensation Of Injury Of Passengers In The International Aviation Accident

Posted on:2016-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:P L DuFull Text:PDF
GTID:2296330479988011Subject:International Law
Abstract/Summary:PDF Full Text Request
There are many aviation accidents every year in the world, such as the MH370, MH17, and GE235 in 2014. Many people were dead or injury in the accident. Then an important question is how to compensate. The injury compensation is composed of the carrier and insurers. And this thesis is focused on the compensation for the injury of passengers in the aviation accident.Concerning the “aviation accident”, the accident is unforeseeable, unusual, and unrelated to the passengers. Although the criteria adopted in the specific cases by the court of America is different, there’s a regular pattern that the court has gradually widen the definition of the accident in Warsaw Convention. The court usually interpreted the criteria broaden, especially at the lawsuit caused by the passengers. The courts don’t exclude this damage automatically like before, but investigate whether the crew has proper actions. If there’s the defy of criteria and this leads to the happen and aggravation of the passengers, the court will indentify this as “accident”. According to the Warsaw Convention and Montreal Convention, the accident includes that brings about the damages of passengers. The carrier need burden the liability which has developed greatly at the field of international aviation.While compared with the compensation of international aviation accident, the compensation level of our country is far behind the world and the life level. The low compensation is low ceiling that our country has set up, even though there’s the practice beyond the limitation of liability, which actually is the deal between the passengers’ family member and the carrier. After the aviation accident happened, the next work is the hard lawsuit about the compensation, even the administration omission. All above urge us to think about the rationality of the compensation of aviation accident in our country.The Warsaw Convention and the Montreal Convention are mainly instructive on the compensation of injury of passengers in the aviation accident. Although our country has been the contracting party, the compensation standard of our country still lags behind the conventions, and the judicial practices have been beyond the standard, included but not limited the doctrine of liability, limitation of liability and mental damages. For example, as to the doctrine of liability, there’s only strict liability; the limitation of liability is still RMB40,000 while the Montreal Convention has adjusted the standard to RMB 1,209,200 since 2009; more and more countries have acknowledged the mental damages as part of the injury damages. But there are no regulations in our country. Therefore, it’s time for us to revise our laws concerning the compensation standard of injury damages of passengers in order to coordinate with the development of international aviation.The first chapter of the article is to define the “injury” and “aviation accident” of the conventions. And this is the foundation to further study about three questions of the compensation standard. Meantime, it’s an outline about the questions in the aviation law of our country, and how to revise is discussed at the next three chapters.The second chapter is to discuss the doctrine of liability and the nature of the liability. we can find that it still exists some disadvantages though we have regulated the strict liability. So, as to this question, we may introduce the two-tier liability to meet the convention.The third chapter of the article is about the history of limitation of liability and the theoretical foundation. Through the comparison to the regulation in our country, it can be inferred that the limitation of liability of our country is too low and it should be raised. As to this question, we can refer to the method for calculating the value of the rest of life.The fourth chapter analyzes the attitudes about if the mental losses can be compensated. The mental losses with bodily losses can be compensated, while whether the mental losses and the bodily losses caused by the mental losses can be compensated, the author thinks it can be treated according to the different situations.
Keywords/Search Tags:Aviation accident, Injury damages, Doctrine of liability, Limitation of liability, Mental damage
PDF Full Text Request
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