Research On The Legal System Of The International Air Accidents Salvage On The Sea

The international air crash accident frequently occurred in recent years, increasing the widespread concern of the international community. Especially the MH370 accidents, also led to the worries to the international aviation safety. The accident once happened, will cause great casualties and property losses, and the consequence is unimaginable. So the most important thing is to organize countries to save. Throughout the development history of the aviation law, the development of the air disaster assistance system is bounded by the second world war and is divided into two periods. As the international disaster frequently occurred in recent years, especially at sea, make the air disaster salvage face huge challenges. Plane crash accident at sea, on the one hand, increased the difficulty of salvage, because maritime search and rescue is harder than the land, a country has to cooperate with others; on the other hand, it mixed with state sovereignty more or less, especially in the disputed waters. Thus, there are many problems in the international air disaster salvage practice, such as the sense of rescue responsibility is weak, unified national cooperation mechanism is hardly any; salvage charges are too huge to afford. In view of this, to build an independent international disaster salvage system is necessary.But before this, it has to mention the salvage system, on the one hand, the salvage system as the unique system of maritime law, establishs, develops and matures gradually along with the development of maritime trade, provides an important reference to building international air disaster salvage system; on the other hand, in the early days of the crash in the relief of distress aircraft, the principles of maritime law are applicable and until today continue. But with the development of the international air transport and the occurence of international air disaster, the particularity of international air disaster salvage on the sea gradually reveales, if it goes on applying, it will not solve the problems about air disaster salvage perfectly. However, the international aviation convention stipulates aircraft salvage in the relevant provisions mainly by the way of principled regulations, specific application rules shall be formulated by the contracting states in domestic law or the form of multilateral or bilateral agreement between parties. Combined with the provisions of some countries and regulations of salvage at sea, this paper describes how to build international air disaster salvage system from two aspects of the substantive law and procedural law. At the part of substantive law, three aspects such as assistance subject, salvage objects and salvage charges are mentioned and just reflect the relationship between rescuers and the rescued.The construction of procedural law is factly to use principles of conflict of laws to solve disputes, including disputes between rescuers and between the rescued and rescuers in the practice of the international aircraft salvage on the sea.In this paper, means of literature review are used to clarify the development history of international air disaster rescue system and legislation. Through the comparative studies, we can be awared of the differences between them, realize the problems existing in the system, and build the international aircraft salvage system.