A Study On Multimodal Transport’s Legal Liability Under "Aviation+ "

"Aviation+ " model was adapt from the "Maritime+ " mode concept of the shipping rules, general expresses the "door to door" transportation under the mode of primarily to with air, land transport auxiliary combined transport.Because "Aviation+ " model different from the traditional multimodal transport with the shipper and the carrier, but discussion about the operator liability under the form of B2B;At the same time, in order to highlight the air transport liability form’ leading role in such mode. Therefore, adopted the "Aviation+ ", instead of the traditional air-land coordinated transport.Traditional multimodal transport has completely formed operating system after long time of development. However, the construction of the legal liability of the multimodal transport system still has big gap with practice needs. At present, there hasn’t formed a mandatory effective convention on international multimodal transport in the world, there is no unified about the liability of the multimodal transport form, and some industry standard cannot adapt to the actual needs of reality. At the same time, the existing multimodal transport rules pay much attention to transportation and multimodal transport contract, and pay little attention to the particularity of periodic transportation and the internal liability distribution. At the same time, the current single transportation rules, especially in the field of aviation legislation, also cannot support the solution of operator ‘legal liability under "Aviation + " mode.The research on the issue of multimodal transport focus on the multimodal transport problems for a long time, which give priority to shipping participating. While ignoring the field of multimodal transport which air transportation participating in. With the development of aviation technology, air transportation is playing an irreplaceable role in goods which is large added value, high aging and strictly quality requires. Although there are few multimodal transport which air transportation participating in now, but still has its particularity, study about its legal liability is easy to overlook by us.Based on the above situation, this paper analysis how to solve the "Aviation+ " mode of the legal liability of the operator in current and future time: based on carding the relevant provisions of the problem of liability of operator and the carrier in the existing multimodal transport and the single transport law, highlighting the applicable solutions; Identify subject of legal liability and the identity of the operator of "Aviation+ " model; put forward speculative opinions about the modified of related problems in the present law.The first chapter discuss subject of legal liability under "Aviation+ " mode. It is a new concept about the status of the operator under "Aviation+ " mode, whoever can become the managers still need to have further discuss. Fixed the subject of legal liability is essential to study the corresponding legal. "Aviation+ " mode should still take the carrier of air transport as main body, expand the scope of its operations, and moderately absorbing other roles into “Aviation+ “mode.The second chapter analysis the applicability of the current legal system under the "Aviation+ " mode. Mainly about whether the current multimodal transports convention rules is under the "Aviation+ " mode, and apply space for the operator liability. Concluded that there is still need to discuss for the problem of "Aviation+ " mode, and the rule of law need to be added and modified.The third chapter analysis the feasibility to formulate special laws. This chapter based on the analysis of the last two chapters to analysis the feasibility to formulate specific laws. This paper argues that separately formulate law about the liability of operator under "Aviation+ " mode law liability are still not mature, and shall supplement and modify the existing law so as to adapt to the needs of "Aviation+ " mode.