Research On The Personal Injury Compensation System For International Aviation Accidents

In recent years,with the rapid development of aviation technology,the safety of air transport is also gradually improved.However,due to the particularity of the operation mode of aircraft,an accident is often an unbearable disaster,and the social impact caused by flight accidents is far greater than the traffic accidents caused by land or other means of transport.Therefore,the issue of compensation for personal injury in aviation accidents receives correspondingly high attention.The Warsaw Convention and the Montreal Convention,as the current applicable standards of law in the field of international air transport,are also the current unified international substantive law,which are of great significance to solve the disputes of interests between passengers and carriers.Therefore,it is necessary to conduct an in-depth analysis of the Convention,especially involving the international aviation accident jurisdiction rules,the principle of carrier liability,and the liability limit system.From the current international disputes on the application of the fifth jurisdiction,different countries hold different views,and some countries propose that the system should not be set up for the interests of a certain country.In addition,from the current judicial practice,there is no dispute about whether the pure mental damage caused by the aviation accident is compensable,and there is no accurate legislative standard.One of the focal issues of compensation for personal injury in international aviation accidents is the existence and abolition of the quota system.This paper evaluates and analyzes the reasons for the existence of these disputes,and puts forward some views on these controversial provisions.This paper holds that the addition of the fifth jurisdiction is necessary,and the fifth jurisdiction can not only effectively protect the interests of passengers but also benefit the interests of various countries.The mental damage caused by air accidents should be paid due attention,and should be included in the scope of compensation,and reasonable and clear standards should be formulated.The existence of the liability limit has a positive significance and should not be abolished.The provisions of international conventions on compensation for personal injury to international law.Our aviation industry booming,although joined the international convention but slow lag in aviation legislation,so should be on the basis of legislative status in our country,draw lessons from the relevant provisions of the international convention,combined with the actual situation of our country aviation accident personal injury compensation system,liability principle and responsibility limit system perfect,in order to promote the healthy development of China’s international air transport industry.