On The Issue Of Compensations For Personal Injuries In International Aviation Accident

Nowdays with the rapid development of global integration international air transport industry has become one of the most important transport in the world, along with the international aviation accident increasing.On 3 August,2014, MH370 missed and on 17 July,2014, MH17 crashed, that two aviation accident shocked the world. More than grief, people has aroused concerns for international aviation accident personal injury compensation system once again. International aviation accident event is facing complex jurisdiction and application of law. However, this article only studies on the issue of compensations for personal injuries in international aviation accident. This issue is discussed the analysis of the system, in order to help promote the improvement of this system.To study the international aviation accident personal injury compensation system, it is first necessary to understand the definition of international aviation accident, the party of international aviation accident compensation system, and the general principles international aviation accident compensation follows.Because of the situation of the world, system, economic and cultural history, the civil legal system also each are not identical, which also led to the of the same international civil relationship, often due to the laws of different countries is used to produced different results. This will produce should be applied which country’s law to determine the rights and obligations of the parties. Due to the presence of different text Convention on international-airtransport, air-transport, domestic law differ, international air transport on the basis of the international treaties and agreements and national judicial organs for the provisions of the Convention solution release differences and other reasons, international aviation accident occurred when the parties choose suitable for different countries While the law conflicts, these conflicts are mainly embodied in the three aspects of liability issues, limits of damages and compensation for mental damage.Aviation accident responsibility identification is very strict, for infringement, damage results, responsibility sharing must be clear infringement of the subject, infringed upon the subject, the facts of the damage and cause damage causality. Although treaty unification of international air transport of certain rules of international aviation accident personal injury compensation liability, the scope of compensation and compensation limits made relevant regulations, but due to the international aviation accident involving foreign elements may distribute in many countries, and specific provisions of the international aviation accident in laws of different countries vary, leading to for how to determine the responsibility sharing must depend on the domestic law of States processing.Due to the adjustment of civil aviation industry conventions and agreements are not mandatory, countries according to their own situation, in the specific implementation of the Convention each are not identical, in the attribution of damages, compensation scope and compensation limit problems such as the existence of different treatment methods. Our country used to adjust civil aviation accident personal injury compensation belong to the legal responsibility including China signed the International Convention and bilateral agreements, domestic air transport laws and regulations and the State Council of the People’s Republic of China civil aviation authorities to develop relevant departmental rules. In our country for the provisions of the existing laws on international airlines an empty thing to the deceased body indemnity relatively lagging behind and need to learn from air transport The highly developed countries rich experience summary, and constantly improve the legal system of compensation for personal injury in the international aviation accidents.