The Negligence Liability Of Aviation Accident Damage Compensation

The negligence liability of aviation accident damage compensation refers to a principle that determines the attribution of liability after an aviation accident.The legal basis for the damage compensation made by the victims is the negligence of the perpetrator,and it is an important mean to protect the interests of passengers in the field of aviation accidents.Liability for negligence is an indispensable principle of liability for damages caused by aviation accidents.The presumption of negligence is an adaptation of the reversal of faulty proofs,and is still a category of negligence.Recalling the history of the development of global air transport,the liability of negligence in the field of carrier liability in aviation accidents has always occupied a place.The study of human factors in aviation accidents has further broadened the scope of damage compensation and clearly defined the important position of negligent liability in the field of aviation accidents.Through the legislative review of aviation damage compensation in various countries,France applies the presumption of negligence;the Anglo-American legal system countries mostly establish the fault presumption responsibility in the form of case law,and only the civil law system in Germany and China Taiwan establish strict liability.It can be seen that negligence responsibility has always played an important role in the damage liability of various countries.A large number of cases have shown that based on the complexity of aviation accidents,the constitutional elements of negligence responsibility and the identification of exemptions cause controversies,which are mainly manifests in the following four aspects: duty of care,causation,reasons for exoneration,and self-certification of facts.The establishment of negligent liability in the aviation field requires reference to the aviation accident jurisprudence of developed countries.Chinese application of different liabilities is inconsistent with the double gradient responsibility of the Montreal Convention.The interests of passengers are not fully guaranteed.When the Chinese Civil Aviation Law will revise,the provisions of the negligent liability law applicable to aviation accidents should design with reference to the Convention,to fulfill the purpose of improving the liability of the aviation accident damage compensation in China.