Research On The Civil Jurisdiction Of Baotou Air Disaster Case

The Baotou air crash case is not only the first case of air crash litigation in China,but also the first case of transnational air crash litigation in China.The whole process of the case can be divided into three stages: Chinese litigation,American litigation and Chinese re-litigation.The specific process is that the family members of the victims are dissatisfied with the airline's compensation of 210,000 yuan after the air crash.They have sued the courts of Beijing and Shanghai for many times but failed to file a case.With the help of lawyers,the family members of the victims bring a lawsuit to the California court with the application of long arm jurisdiction in the case of "minimum contact" with California.After the case is accepted,the defendant Oriental Airlines brings a lawsuit to the court.It is inconvenient for the court to challenge the jurisdiction of the court.The court of California agreed to the defendant's motion,abandoned the jurisdiction of the case according to the "inconvenient court",and the case was transferred back to China.The family members of the victims brought several suits to the courts in Beijing and Shanghai,and finally the case was accepted.After a long trial,the case was finally settled by mediation.As the first case of air refugee litigation in our country,this case has a good symbolic guiding role for future cases in the vigorous development of aviation industry today,and after transnational litigation,it has a rare reference for understanding the jurisdiction system of different countries and its application.Through the analysis of nearly ten years' long and tortuous litigation process in Baotou Aircrash case,this paper deeply analyses the principle of American courts exercising jurisdiction over the case on the basis of long arm jurisdiction and the principle of American courts not exercising jurisdiction on the basis of the principle of inconvenience jurisdiction.The first part of this paper is a brief introduction of the case and the focus of the dispute in the case.The second part makes a detailed analysis of the specific content and application process of the U.S.long-arm jurisdiction principle.Through the long-arm jurisdiction principle,the U.S.has greatly expanded its foreign-related civil jurisdiction,but this strong expansion has squeezed the jurisdiction of other countries,which has also been criticized by various countries.At present,there are no relevant provisions on long-arm jurisdiction in China.With the further development of international trade in China,the author believes that it is necessary for China to establish its own long-arm jurisdiction.Therefore,this principle has a strong reference significance for China.The third part is the application of inconvenient jurisdiction in the case of Baotou Aircrash in the United States.The development and suitability of the principle of inconvenient court are analyzed in detail.Use.The doctrine of inconvenience court is flexible and distinct,and it is also a restriction on jurisdiction.Through this principle,American courts restrict their jurisdiction to a reasonable extent.The fourth part is to analyze the reasons why our country has jurisdiction over this case,and to think about our country's foreign-related civil and commercial jurisdiction.