A Study On The Legal Problems Of Personal Injury Compensation In International Aviation Accidents

In recent years,with the rapid development of air transport industry,the probability of aviation accidents also increased,we feel sorry for the victims,at the same time,the most we should we do is that to help the families of the victims and the injured,which will involve the issue of compensation for passengers,this study is one of the passenger personal injury compensation.In the analysis of the personal injury compensation in international aviation accidents,the author first defines the problem as follows.Firstly,this article deals only with the compensation for passenger damage by airplane,which is different from the damage to the third party.Secondly,this article only discusses the passenger personal injury compensation,which is different from the passenger’s baggage and the consign cargo damage compensation.Finally,this article discusses the subject of compensation only involves the carrier,not involving insurance companies and other compensation subject.Through the above definition,in fact,It can limit the scope of the problem which facilitate the understanding of the international air accident passenger personal injury compensation.The main body of this paper is divided into the following five parts:The first part mainly introduces the present situation of domestic and foreign research on this problem,introduces the innovation background and significance,introduces the innovation and research methods.Thesecond part is the overview of compensation for personal injury in international aviation accidents,and the meaning of the concept of personal injury under international transport,aviation accidents and international conventions is elaborated in the light of international conventions and foreign practices.In addition,the introduction of foreign travelers personal injury compensation practice and the status quo of China for comparison.The third part is the analysis of the compensation for the personal injury of the passengers in the international aviation accidents.Firstly,the author analyzes the four kind of jurisdictions in the Warsaw Convention as well as the new added jurisdiction in the Montreal Convention,and then points out that when the jurisdictional conflict is positive,the court will use Forum Non Conveniens principle.At last,author analyse the jurisdiction of china and conventions as well as how to use Forum Non Conveniens principle which based on BaoTou Accident case.The fourth part is mainly the responsibility of the air carrier.First of all,defining the nature of the responsibility,lead to tort liability,breach of contract responsibility,tort liability and breach of contract competing three theories.Then,from the international convention and the domestic law two angles to elaborate the carrier’s imputation principle,the responsibility limit,and the defense reason of carrier.The fifth part is mainly for the shortcomings and perfection of the legal system of compensation for personal injury in international aviation accidents.The article begins with the angle of legal regulation,and discusses the application of international conventions in China and the relevant provisions of China’s Civil Aviation Law.Then talking about the four problems of the passenger personal injury compensation system in the accident,and finally provide the suggestion to the existent problem.