A Comparative Study On The Carrier's Defense Of Air Passenger Transport In Compensation Proceeding

Carrier's defense closely related with carrier liability principle, distribution of evidential burden, constitutive requirement and the method of damage compensation as an imputation principle of burden of proof, the distribution, constitutive requirements and limits and methods of the damages. Such as closely related major issues, whether it is based on the requirements of the improvement of the theory and practice, all need to be in-depth study. This paper firstly tries to determine the value pursuit and measures of justification of air carrier's defense, and through the comparison with foreign legislation, design out a comprehensive and reasonable system of air carrier's defense, provided to the lawmakers as a topic.This article is made up of fifth parts. The first part introduced the current situation. In the second part of the article analyses and discusses the basic theory of the air carrier's defense, at first article defines the air carrier's defense, and then compares types of air carrier's defense, finally the article finds out the value and criteria the air carrier's defense should be reflected on. In the third part, the article compares the existing international conventions and the legislations of air carrier's defense. In the forth part, the article evaluates the current air carrier's defense of China, then discusses some hotspots. In the fifth part, the article finds the criterion fitting our country needs and gives some sound proposals.