Research On Compensation For Personal Injury Caused By International Aviation Accidents

With the advancement of aviation technology,the safety of air transport is improving.However,because of the high flight altitude of the aircraft,once an aviation accident occurs,it is often disastrous.Its social influence is also far greater than the traffic accidents caused by other means of transport.Therefore,the issue of personal injury compensation for aviation accidents has received relatively high attention.The Warsaw System and the Montreal Convention,as a unified substantive law in the field of international air transport have a great effect on adjusting the relationship between the passengers and the carrier and solving the disputes between the two parties.Therefore,it is necessary to elaborate on the international aviation accident jurisdiction rules,the carrier liability principle,the liability limitation system,and the prior payment system involved in the convention.The disagreement on the application of the fifth jurisdiction is that some countries believe that it is only designed to protect the interests of Americans.There is controversy about whether pure mental damage caused by aviation accidents can be compensated in the current judicial practice.The retention and abolition of liability limits have always been the focus of personal injury compensation of international aviation accident.This article combines the reasons for the existence of these controversies for evaluation and analysis.Considering that the addition of the fifth jurisdiction is beneficial to the protection of the interests of passengers in any country.Spiritual damage caused by aviation accidents should be given due attention.There is still a need for a limitation of liability.Personal injury compensation for international aviation accidents is not only regulated by international law but also regulated by domestic laws.And our country's legislation in this field is lagging behind.Therefore,we should learn from the relevant provisions of international conventions in light of the current situation of China's legislation to perfect the imputation principles and the system of the limitation of liability for the personal injury compensation of international aviation accident and introduce the prior payment system.