Aviation Passenger Personal Damage Compensation Limit System In The Perspective Of Malaysia Airlines Disaster

With the rapid development of economy and improvement of technology, the air transportation has gradually taken the transportation market for its speed and safety and become a key means of transportation for travel. From the first plane of Wright Brothers to the flourish of current international aviation market, the air transportation has developed from nothing and constantly improved. At present, a relatively perfect legal system based on "the Montreal Convention" enacted in 1999. Although the domestic and foreign air transportation is well-developed with a broad prospect, we have to admit that air accident still is extremely severe blow. The Malaysia Airline disaster in March 2014 stroke the world. However, there has not been a definite result of the compensation. Therefore, based on improvement of aviation technology it is crucial to construct the air transportation legal system and perfect the aviation passenger personal damage compensation system. Starting with Malaysia Airline Disaster, in this paper the treatment of compensation in this event is introduced. And the legal source of Aviation Passenger Personal Damage Compensation Limit System and current laws and regulations are analyzed. In accordance with the research on the limit standard of aviation passenger personal damage compensation, related suggestions of modification of the system in air law field in China are proposed.In addition to introduction and conclusion, the main body is divided into five parts:The first part is "legal analysis of Malaysia Airline Disaster" including introduction of the disaster, the analysis of legal basis and compensation of the personal damage compensation in this disaster, as well as some suggestions of compensation to relatives of Chinese victims. It can be seen from this disaster that the current aviation passenger personal damage compensation limit system indeed needs to be further perfected.The second part is "the legal source of Aviation Passenger Personal Damage Compensation Limit System". In this part, an analysis of the theoretical basis of aviation passenger personal damage compensation limit system is carried out. The history of the system and domestic law related to the system are studied in this part to provide a basis for detailed analysis mentioned later.The third part is "analysis of aviation passenger personal damage compensation limit system". In this part an analysis of current aviation passenger personal damage compensation limit system is carried out firstly and a discrimination of the rationality of the system is conducted from both positive and negative perspective. The game theory is used to determine whether it should be continued.The fourth part is "specific computation of the aviation passenger personal damage compensation limit". In this part, an analysis of the standard of aviation passenger personal damage compensation limit is carried out. Some suggestions are put forward after introducing the calculation method of income of rest of life that generally used in the world at present.The fifth part is "suggestions on perfecting the aviation passenger personal damage compensation limit system in China". Based on the analysis above, related suggestions on perfecting the aviation passenger personal damage compensation limit system in the air law field in China including improvement of personal damage compensation limit system, introduction of dual gradient responsibility, increase of compensation in advance, limit recheck system and increase of other remedies.