Analysis Of11·21Baotou Air Crash Accident Case

In the air crash case, define the subject of liability and compensation is the coreissue of the case number, so to11·21Baotou air crash procedure. AircraftBombardier Inc and accidents in production aircraft engine whether GE Corp shouldbear the legal responsibility and carrier China Eastern Airlines and some of thefamilies of the victims "signed between the11·21compensation payment receipt andrelease the book" how is the effect of the11·21Baotou air crash accident case thefocus of controversy. First of all, the evidence relevance judgment is the veryimportant question. The bombardier company and GE Corp to submit a certificate ofairworthiness certificate of export and type and engine type certificate and productionpermit and other evidence that they do not need to bear the legal liability. However,no correlations between the two defendants submit the evidence and the case, as theproduct manufacturer Bombardier and GE Corp for breach of warranty aircraftairworthiness, warning, recall and quality obligations, in accordance with relevantlaws and regulations, and the carrier China Eastern Airlines need to bear joint andseveral liability together. Secondly, between the eastern and the families of thevictims to release books belong to the revocable contract, is the reason for thefamilies of the victims to discharge Book nature,content, significant misunderstanding,display fair, China Eastern’s suspicion, the other in this case, the book belongs to thetypical format of the contract, the money will relieve the carrier of Eastern Airlines,the terms of the exemption clause is invalid. In addition, this case by the United StatesCourt of jurisdiction is transferred to the Chinese court jurisdiction is correct, but inpractice for converting more abstract, theoretical research related to the relativelyrough, are difficult to meet the needs of diverse dispute resolution continue to occurin the. At the same time, low compensation standard of plane crash in China, althoughthe case after the accident occurred, the amount of compensation for the entity law by70000yuan to400000yuan, but with China’s economic development level still doesnot adapt, visible international aviation accident and domestic aviation accidentcompensation standard should make no exception, the complete abolition of domesticair transport the current limit compensation system and the introduction of insurance,aviation passenger personal casualty completely in accordance with the tort liabilitylaw provisions of article sixteenth, from the Montreal Convention provisions,establish a regular review mechanism.