| With the rapid development of social economy as well as science and technology, China communicating with the world has become more frequent than ever before thus leading to it is more popular for us to fly for business or tourism.At the present time, there are tens of thousands of civil aviation flight sorties carrying millions of passengers flying over the world every day.Although hundred years in human aviation history is not for success and glory,air crash is still the lingering haze and nightmare.Since the twenty-first Century the world has been shocked by the most serious accident—Malaysia Airlines MH370 incident, which disappeared at the junction of Malaysia and Vietnam and killed239 passengers from Malaysia Kuala Lumpur to China Beijing on March 8, 2014.Nowadays the incident is still a mystery.Life is priceless, but when a plane is crashed, the value of life has to be digitized and translated into specific compensation figures.This paper will apply the comparative analysis, empirical analysis and other research methods to exploring Malaysia Airlines MH370 incident which is involved in the private international law issues and will put forward suggestions for the improvement of the legislation and judicial practice in China. This paper mainly includes the following five aspects:The first part firstly introduces the whole situation of MH370 including the beginning and end as well as the process of the air crash; then points out three aspects related to private international law which are the jurisdiction, recognition, and legal application;and then carries on the brief elaboration of the above three aspects.The second part is focused on the detailed analysis of jurisdictional issue of MH370 incident. First of all this part sets forth jurisdiction provisions on uniform substantive law of Article 28 in 1929 Warsaw Convention and of Article 33 in 1999 Montreal Convention to define the jurisdiction of the court of the MH370 incident; secondly,on one hand this part describes the provisions of the jurisdiction of the domestic law,on the other hand,according to the different causes of the crashed Malaysia Airlines MH370 flight, this one is to determine the jurisdiction of the Malaysia Airlines MH370.The third part is focused on the detailed analysis of recognition issue of MH370 incident.Firstly, this part is concentrated on explaining the theoretical basis of recognition mainly fromthe private international law scholars who put forward the law of the court theory,applicable law theory,analysis jurisprudence theory and comparative law theory to define recognition issue of MH370 incident as coincidence of liability for breach of contract and tort liability;secondly to analysis different provisions of the coincidence of tort liability and liability for breach of contract in different countries so as to analyze the coincidence of tort liability and liability for breach of contract of Malaysia Airlines MH370 incident.The fourth part analyzes the legal application in details of MH370 incident.This part not only describes legal application provisions on uniform substantive law of Article 1and 2 in1929 Warsaw Convention and of Article 1 in 1999 Montreal Convention in order to clear which the above two conventions are suitable for MH370 incident;but also describes the domestic law of directly applicable law as well as the theory of conflict rules and determines respectively legal effect of tort liability and liability for breach of contract of Malaysia Airlines MH370 incident in order to define legal application law.The last part discusses some enlightenment that China had better to learn some lessons in the MH370 incident from the above three aspects:the jurisdiction, recognition, and legal application in private international law in order to set forth suggestions for the improvement of the legislation and judicial practice. |
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