A Comparative Study On Personal Injury Compensation For Aviation Accidents In China And The United States

With the continuous progress of aviation technology,air travel has become the main means of transportation.However,due to the excessively high flying altitude of aircraft,accidents are often devastating,Therefore,the issue of compensation for personal damage in aviation accidents has attracted relatively high attention.Warsaw system and the Montreal convention as a unified substantive law in the field of international air transport,to adjust the relationship between the passenger and the carrier,has a great role to resolve the conflicts of interest,The paper studies the problem of personal damage compensation part of the international aviation accident,with the Warsaw convention,related clauses in the Montreal convention for clues,from the perspective of historical development and practical development,Finally,it returns to the development of China's civil aviation law,compares and studies some problems existing in the development of China's civil aviation law and puts forward corresponding suggestions.The first chapter mainly introduces the research background and significance as well as the research status quo and research results at home and abroad.The second chapter began defined in this paper,the concept and definition of involved first introduced the Warsaw system and the historical evolution of the Montreal convention,then from the perspective of the convention to define the scope of this article discusses the concept of aviation accidents and,Then it further introduces the development and scope of the concept of personal injury in Warsaw Convention and Montreal Convention.The third chapter discusses the legal issues arising from the development of the two conventions from the perspective of law,and extracts three important perspectives for research,namely,the principle of attribution of liability,the nature of liability for compensation,and the scope of compensation,which belong to theoretical analysis.Chapter four studies the problems arising from the actual application of the two conventions by combining the relevant international cases.It includes the uniform application of the two conventions and the unfair phenomenon caused by the limited compensation systemAnd the international practice conflict of compensation for mental damage belongs to the analysis of practice The fifth chapter summarizes the main problems of the personal damage compensation system in China's aviation law,such as the single principle of liability attribution,the backward standard of limited compensation,the limitation of mental damage compensation and so on,and puts forward some solutions one by one,and then makes a summary.