| Aviation accident or incident is the sword of Damocles hanging over the head of the civil aviation. The damage compensation problem caused by aviation accident or incident is the core problem people study and discuss. The Unlawful Interference Compensation Convention adopted in 2009 established the international civil aviation compensation fund for the first time, to compensate for damage to third party, resulting from acts of unlawful interference involving aircraft. The international civil aviation compensation fund does have certain positive significance, but there exist defects in rule design, operational field and so on, China’s accession to the international civil aviation compensation fund doesn’t have favorable conditions at present. However, the civil aviation compensation fund system itself has the value of spreading risk, compensation, fairness and efficiency. From the view of the present situation of China’s aviation accident or incident, the establishment of China’s civil aviation compensation fund system is very necessary. Combined with the legislative practice of the U.S. 911 Victim Compensation Fund and China’s Measures for the Administration of the Collection and Use of Compensation Fund for Oil Pollution Damage from Ships, we can choose to move ahead with the formulation of civil aviation compensation fund system, and incorporate it into the overall framework of the Chinese Civil Aviation Law when conditions are ripe. |
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