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Theory Of International Aviation Legal Basis On Compensation For Personal Injury In The Accident

Posted on:2018-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ShuFull Text:PDF
GTID:2346330542956481Subject:International Law
Abstract/Summary:PDF Full Text Request
MH370 incident affects the hearts of people around the world,but also affects the hearts of the Chinese people.After a total of 327 days of search and rescue work for the flight number,the Malaysian Airways Agency announced on 29 January 2015 that the flight had been fatal and concluded that all the personnel on the MH370 flight crew were killed.Since the beginning of the last century the civil air transport industry since the birth of people in the enjoyment of its great convenience,but also continue to be infested by aviation accidents.And in Air transport in the event of an accident,it is likely to cause the machine to die.International air crash as a serious international air transport accident,after determining the international nature of the accident,the core of compensation is how to use the relevant norms of international law and international legal theory of responsibility to identify and assume responsibility.Due to the high speed of the aircraft,can take a short time across the border,the air transport industry is naturally international.An international flight accident,usually involving passengers of different nationalities,and the various legal systems on air compensation vary,it is not difficult to imagine the carrier and the injured passengers and injured passengers between the damages will lead to how complex international Private law.And,the final result is likely to be the difference between the amount of compensation between the different passengers on the same flight.Because of this,it is of great practical significance to study the international air passenger liability system.Because of this,it is of great practical significance to study the international air passenger liability system.In order to clarify the international air passenger liability system,this article is divided into four parts:The first part will outline the international aviation accident damage compensation system.First of all,I will be on the international aviation accident in the personal injury compensation for a preliminary analysis,followed by the analysis of international air transport and aviation accident concept,so as to clarify the meaning of international aviation accident.Finally,combing the international aviation accident entity adjustment law of the unity and development.The second part will discuss the carrier liability system.Mainly related to the principle of liability of the carrier of the relevant international treaties,the scope of compensation for personal injury in aviation accidents and the limitation of compensation.The principle of attribution mainly analyzes the double gradient system and clarifies its relationship with the compensation limit.The third part discusses the legislation and practice of the international aviation accident compensation system,mainly involves the scope and order of the international convention in our country,the stipulation of the international aviation accident in our domestic law and the practice of the international air crash in our country.The fourth part will discuss the shortcomings and perfection of China's international air passenger liability system.This part will first explore the international aviation accident in the personal injury compensation system in the deficiencies,and then put forward the perfect proposal.
Keywords/Search Tags:international flight, aviation accident, personal injury Compensation System
PDF Full Text Request
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