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Research On The Legal Issues Of Personal Injury Compensation In International Aviation Accidents

Posted on:2020-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2436330572999630Subject:International Law
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Based on the relevant articles of the Warsaw Convention and the Montreal Protocol,this paper studies the problem of compensation for personal injury in international aviation accidents from the perspective of historical and practical development.And used a large number of cases to analyze the legal issues of compensation for personal injury in international aviation accidents,and combined with Britain,the United States,France,Germany and other countries,summed up the relevant theory,experience and results.At last,we returns to the development of Civil Aviation Law of the People's Republic of China and puts forward some corresponding suggestions.In the first chapter,the introduction introduces the background and significance of the research.With the development of globalization and the increasing scale of the aviation industry,the problem of personal injury caused by aviation accidents is increasing And formed a lot of such as MH370,Ethiopia Crash such as social hot issues.Since the Civil Aviation Law of the People's Republic of China was promulgated in 1995,it has been revised four times in 2009,2015,2016 and 2017.Then the first chapter also introduced the domestic and foreign research present situation as well as the research achievement.Chapter two defining the concepts and definitions involved in this paper,first introducing the historical evolution of the Warsaw regime and the Montreal Protocol,and then defining the concepts and categories of aviation accidents discussed in this paper from the perspective of the Convention This paper discusses the development process of the International Convention on the definition of "accident" and the relevant attitude of China.Then it introduces the Development and category of the concept of personal injury in the Warsaw Convention and the Montreal Protocol.The third chapter discusses the legal issues arising from the development of the two conventions from a legal perspective,drawing three important perspectives for study,namely,the principle of liability,the nature of liability,and the scope of compensation It's a theoretical analysis.The Fourth Chapter studies the relevant issues in the process of practical application of the two conventions by combining the relevant international cases.It includes the unified application of the two conventions,the unfair phenomenon caused by the quota compensation system,and the practical conflicts of compensation for moral damage in the world.In the last chapter,we returns to the study of Civil Aviation Law of the People's Republic of China,and summarizes the main problems in the personal injury compensation system of China's civil aviation law through the combination of China's current legislative situation and judicial practice For example,the principle of liability,limited compensation standards backward,limited compensation for moral damage and other issues,and put forward one by one to solve the proposal,and then make a summary.
Keywords/Search Tags:Air Accidents, Personal injury, Warsaw Convention, Montreal Protocol 1999
PDF Full Text Request
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