The Research About The Accident Mechanism Of Claims In The International Air Transport

Malaysia airlines flight MH370 crashed down in 2014,what makes the international attentions paid to the safety of airlines. previously, there have been a great deal of similar civil airplane accidents in the air transportation history. Due to the occlusion of information and the limitations of travel way, We even pay a little attention to the Airsafe. however, with the development of the aircraft, especially, the widely use of civil aviation transport. The air transport is becoming popular gradually, which will make it a new research subject for international law school students.In order to solve the claim for compensations in the accidents of international civil aviation transportation, we should solve the first problem that what is the basis of claim. It includes the issues of jurisdiction and law application. Only by choosing the specific court and providing the clear legal provisions for the litigation can we finish the claim work efficiently.The legal relationship in the international air transport is mainly decided by the Warsaw Convention (1929) and the Montreal convention(1999). Montreal convention(1999) is the inheritance and development of Warsaw Convention (1929). As one of the party member of both convention, our country have the obligation to respect the provisions and improve the domestic laws to keep in correspondence with the international conventions. But actually, we have many provisions in the Civil Aviation Act of the PRC what is depart from Montreal convention(1999).Therefore, considering the national present situation, The legislative body and the authorities of the national civil air transport should work together to make the relevant domestic laws and regulations perfect, though absorbing the practical provisions of the Montreal convention(1999).This article, based on the two major international conventions, makes researches about the claims compensation of the international civil aviation transport, by studying and analyzing the basic theories of the international civil aviation transport,the author claims that every member states should obey the spirit of the two international conventions. according to the final achievement by analyzing regulations of relevant claim compensation obligations, we will get a specific lines about how to get the highest compensation. comparing the development of international legal system with the domestic legal systems, we can find the shortcomings of the domestic laws and promote practical suggestions at the same times, which will provide legal basis for the claim compensation cases in the future.we will also stand an available models for the international society to solve the practical problems effectively by building multi-assistant systems. meanwhile, it can help domestic passengers to maximize the civil rights by choosing the suitable courts of justice and conventions, ensure the procedures fairness and maintain the steady of society, help the air transport enterprises develop healthily.