On The Air Carrier In Compensation For Personal Injury To Passengers

In the modern society, aero plane is playing an essential role inpeople's lives;especially in the international communications that aeroplane has become the most significant transportation means for itsswiftness, convenience and efficiency. However, although it is more andmore safe to travel by aero planes, 100% safety still seems impossiblebecause of various reasons, for example: operating mistakes and weatherconditions. Once the passenger is injured in accidents in the process offlying or getting on and getting off the aero plane, or even the mostdreadful crashes, the passengers or other right owners would ask forreimbursement from the carrier.Part one of the article flashes back and introduces the history and processof international laws and regulations in the field of internationalaviation transportation and PRC legal documents relating to aviationtransportation, including laws, regulations and their implementationscopes. Part two of the article starts from the same stipulation of theobligation period of transporters in Warsaw System, andPRC that:"For the losses of passengers because ofdeaths, injuries or any other physical injuries,if the accidents thatresult in these losses happen on the aero plane or in the process of gettingon or getting off the aero plane, the transporter should be responsiblefor them",and combine the judicial practice of different countries,analysis and summarize the principle and means to define the startingpoint and closing point of the aviation transporters' reimbursementobligation to the injuries of passengers in the process of aviationtransportation. We don not have related case law in China until now whichwe can refer to in order to solve similar cases. The reimbursement oftransporter to the physical injuries of passenger cannot be separated fromthe system of obligation of transporters. Therefore, part three of thisarticle discussed first the evolution about the obligation ascribingprinciple of aviation transporters . sets up the systemof deduced fault obligation of transporters. The 1955 didnot do any actual revision to the obligation system, so this system iscalled Warsaw/Hague System. The Warsaw/Hague System is on the basis ofthe fault of transporters and stipulates the reimbursement limitation.After the revision of , the deduced fault principlewas replaced by strict obligation principle. Secondly, the 1999 imports strict obligation system comprehensively. In the fieldof passengers transportation, it adopts the obligation regulations in the1971,which is the combination of strict obligation anddeduced fault obligation systems and called "Two Tire System". Thisprinciple applies strict obligation to reimbursements less than 100,000 SDR,and applies deduced fault obligation to reimbursements moreexcess 100,000 SDR. At last, on the basic of international treaties, thearticle analysis the obligation ascribing principle on the physicalinjuries of passengers of the stipulation of in the PRC . In the conclusion part four, the article discussed the amountestablishing on physical injuries reimbursement to passengers oftransporters. Which relate to it is the obligation limitation oftransporters, breach of the obligation limitation and the calculating ofthe reimbursement quantity. After the review of related stipulations ininternational treaties, I emphasis the analysis of the related part ofthe PRC legalization of laws and regulations, and raise feasible schemes.