Research On Carrier’s Compulsory Liability Insurance From The Perspective Of The Montreal Convention

Air transport is not affected by the terrain,and has the characteristics of speed,safety,comfort that land transport and sea transport can not match.It has become an indispensable way of international transport today.Factors such as negligence of human operation,mechanical failure of the aircraft itself or bad weather are all the causes of accidents.How to make the victims get compensation quickly and truly,and how to give fair and reasonable relief after the accident is a major subject of private aviation law.International air carrier’s liability,by the Warsaw convention of 1929 and subsequently in 1955,the Hague protocol,the melon amidala in Galveston convention in 1961,in 1971 the Guatemala protocol and the1975 Montreal protocol no.The first to fourth in the composition of the Warsaw convention system,and other relevant agreements,the Montreal convention 1999 specification.This article is based on the analysis of the international air carrier in airline passenger casualties occur accident damage compensation,and transportation of luggage,cargo was damaged or lost or delay occurs,the relevant international conventions on the basis of the specification to the carrier’s responsibility of the carrier for sustainable development,is produced by transport related responsibilities,it is necessary through insurance mechanism,the proper management and distribution management of aviation risk,so air carrier liability related aviation passenger liability insurance,liability insurance of aviation baggage delay liability insurance liability insurance,aviation,aviation goods were introduced.Finally,from the perspective of domestic law,it discusses the legal issues of air carrier liability and compulsory liability insurance,so as to examine whether the relevant laws and regulations of domestic air transport can keep up with the norms of international conventions,and provide guidelines and suggestions for future law revision,so as to promote the sound development of aviation rule of law in China.The first chapter introduces the historical evolution of carrier liability and compulsory liability insurance.The development of aviation industry,the evolution of international air carrier liability system and the establishment of international air carrier compulsory liability insurance show a dynamic correlation trend.With the gradual maturity of the aviation industry,the legal system has been gradually transformed from industry protection to protection of the weak.Therefore,the corresponding carrier’s liability mode,liability limit and liability period have been adjusted continuously,and the carrier’s liability has become increasingly large.Finally,Article 50 of the Montreal Convention in 1999 stipulated the carrier’s compulsory liability insurance system.Can accentuate the system while the carrier of economic pressure,but dialectical view,it is also a protection of aviation as well as the carrier of loss is difficult to measure,the carrier is likely to go bankrupt development have a negative impact to the industry,the establishment of compulsory insurance can well disperse risk of the carrier,also can safeguard the rights and interests of passenger or consignor.Therefore,it is the best embodiment of the aim of the 1999 Montreal Convention--"to pay more attention to the protection of consumer interests on the basis of balancing the interests of carriers and consumers".It is also a product of the development of aviation industry.The second chapter introduces the passenger personal injury liability insurance under the Montreal Convention in 1999.Legislation concerning carrier’s liability for personal injury of air passengers,such as the conditions of achievement,the nature and limitation of liability,and the exemption and mitigation of liability,is comprehensive and complex.Based on the analysis of Article 17 of 1999 Montreal Convention,on the premise of clarifying the basic elements and nature of carrier’s liability for passenger personal injury or death,it is clear that Article 17 of Warsaw Convention sets up the exclusive liability basis and independent cause of action.Then it introduces the basic insurance knowledge of personal liability insurance,such as relational subject,insurable interest and contract content.On this basis,it highlights the corresponding characteristics of the aviation carrier passenger personal injury liability insurance.Finally discusses the 1999 Montreal convention for personal attitude of compensation for mental injury casualty pure clear,advance payment system established,the terms of the contract is invalid,the limitation of liability clause relieving the carrier from liability adjustment mechanism is introduced into four aspects,they are with compulsory liability insurance carrier,form the convention for the protection of the weak mechanism,is also the value orientation of the convention by the industry towards the best indicators of the consumers.The third chapter introduces the baggage liability insurance of Montreal Convention1999.Firstly,it clarifies the baggage provisions of the Montreal Convention in 1999.Compared with the Warsaw Convention,the biggest highlight is the distinction between "checked baggage" and "unchecked baggage",and different ways of liability and reasons of exemption are adopted for carriers.Then it introduces the coverage,insurance and claim methods of baggage liability insurance.In the field of baggage liability insurance,the legislation of carrier’s liability is relatively clear,and most carriers will choose to insure the liability of luggage destruction,loss,damage and delay.Because of its small target and relatively simple determination of loss,the liability insurance also has corresponding characteristics in the coverage,premium and claim.Finally,the paper defines the vague concepts of baggage transportation liability,such as the identification of "loss",the prohibition of the use of limited liability,and the definition of the carrier’s exemption from liability.Carrier’s liability will directly affect the payment of insurance.Clarifying the relevant concepts can not only solve the confusion of judicial practice,but also play a certain guiding role in clear insurance payment.The fourth chapter introduces the cargo liability insurance of Montreal Convention in1999,from the carrier’s liability,liability period and liability limit of cargo damage,introduces the related provisions of the Convention.Then it introduces the contract content,insurance mode,premium rate calculation and the design of insurance clauses of cargo carrier liability insurance.There are many differences between air cargo liability insurance and the other three types of insurance in this paper.It is a contract between the carrier and the shipper.The parties of the other three types of insurance are the carrier and the passenger.There is no great difference in the status of the subject of the contract,while there is great difference in the status of the subject of the other three kinds of contracts.And it is generally an independent contract,baggage liability insurance is generally the ancillary provisions of the passenger personal injury liability insurance contract;It points out the domestic legislation and international conventions of different mode of transportation of the provisions of the carrier’s liability presented a kind of chaos,in the mode of transportation is becoming more and more diversified today,unified multimodal transport system is very necessary,and the insurance company should adjust their transportation insurance policy to adapt to this new way of transportation.The fifth chapter introduces the delay liability insurance of 1999 Montreal Convention.Firstly,it introduces the relevant rules of carrier’s responsibility for flight delay,introduces the different provisions of passenger,baggage and cargo delay by different types,and explains the identification of delay loss and the reasons of exemption from liability.However,due to the general legislative gap of carrier’s responsibility for flight delay,cancellation and refusal to board,a mature compulsory liability insurance system has not been formed yet,and the parties involved in the delay liability insurance contract have a large free space in all aspects.Therefore,this section explains the necessity and feasibility of establishing flight delay liability insurance,and introduces some existing rules of flight delay liability insurance.Finally,it is pointed out that the reasonable delay and the unreasonable delay should be strictly distinguished,and the concept of the two should be scientifically designed.It is clear that under the reasonable delay,the carrier only has the obligation of care and help,but no obligation of compensation.On the other hand,the compensation content of the delay liability insurance is clear.The sixth chapter is the legislation status and perfection of compulsory liability insurance for air carriers in China.Starting with the differences between the carrier’s liability principle and the limitation of liability in China and the international conventions,it is concluded that there is still a certain gap between the establishment of Chinese laws and the international regulations,and the revision of Civil Aviation Law should be put on the agenda.Then in the aspect of China’s air carrier compulsory liability insurance,from the three aspects of China’s law of compulsory insurance,the Civil Aviation Law of the compulsory insurance set up the deficiency,and the gap with the international conventions there are three points to show the legislative gaps and shortcomings of China’s air carrier compulsory liability insurance.Finally,the author puts forward some suggestions to improve China’s aviation compulsory liability insurance mechanism from two aspects of legislation and industry mechanism.Firstly,the carrier’s liability limit should be set scientifically and the minimum level of liability insurance should be defined.Secondly,the law should set up the protection of the insured’s rights.Finally,risk prevention and control measures and sanctions for the industry are formulated.The establishment of carrier’s compulsory liability insurance is never an individual legal system,which is closely related to the development of carrier’s liability.The carrier’s compulsory liability insurance system was established in the Montreal Convention in 1999 due to the gradual strict setting of carrier’s liability and the continuous development of the law towards humanism.Compulsory liability insurance system is not only the protection of the passenger,consignor,the transfer of risk to the industry also played a positive role,as air power in our country,the domestic aviation laws and regulations and to join the international convention on it,this is not only a big bear responsibility,also is a kind of catalyst to promote the reform of our country under the rule of law.