| I.Purpose of the researchOn the 8th of March 2014,a Malaysia Airline flight with 239 passengers disappeared from the radars on its route from Beijing to Kuala Lumpur.This news was soon spread to the world and put on the front pages of multiple media.As verified by multiple parties,the flight,MH370,lost contact with the ground airline management after passing the air zone of the Ho Chi Ming City Vietnam.Soon after that,it also disappeared from the radar and the related air management department of China confirmed that it never entered the China’s territorial sky again.In general,the causes of the air crash happened and there are many factors,including the pilot errors,problems such as aircraft itself,so it is difficult to determine as soon as possible.After thePlane crash the first is to be solved in the victim’s personal injury compensation.But the world each country is different,on the top of the domestic legal system and so on international has established the Warsaw system in order to reasonable and orderly solve the problem of bereavement.Warsaw system is mainly regulated the issue of liability of the carrier and the jurisdiction of the crash.Later the Warsaw convention or the Montreal convention is to modify and improve the Warsaw system,for the international plane crash claims,the carrier responsibility clear established a set of uniform rules and has been widely recognized.But too little in the lawmaking of civil aviation in our country,and lack of practical operation,the loopholesII.Methods of the researchThis thesis will apply the method of historical analysis,method of comparative study,and the method of searching literatures to discuss the core legal problem in determining the responsibility and liability in international air crash of the carriers to the passengers.This includes the principle of liability and the limit,and the scope of the carrier’s compensation.1.Method of historical analysis:Through the study of the liability limits and modes of compensation in historical international air crashes;2.Method of comparative study:Compare the difference between the compensations to a third person on the ground and the compensations directly to the passengers.3.Method of searching literatures:Form a more profound sense by searching related studies and literatures,analyzing,and summarizing the data.Ⅲ.The result of the studyBy comparing the bereavement of imputation principle both at home and abroad,such as limit can learn in a plane crash in China there are many deficiency on compensation for personal injury.First,after a plane crash in the compensation for the victim cannot integrate with the international community,although China’s entry into the Montreal convention,but determine the compensation amount of 400000 in China is much lower than the European and American developed countries of the plane crash damage compensation standard,this is not conducive to the development of civil aviation in China.Secondly in terms of need in the aviation accident insurance in our country more efforts,it is a disaster in addition to the carrier’s compensation is the most important part,after can effectively protect the interests of the victims’ families.Again,our country third party’s claim for compensation should be clear on the ground as soon as possible the items and standards.Again,our country third party’s claim for compensation should be clear on the ground as soon as possible the items and standards,To sum up,our country only in the legislation,practice and so on various aspects to do more efforts,in order to meet the needs of the international status of our country’s rapid increase.Four.the research significanceThis paper through to the international plane crash,international air crash happened in recent years,and the contrast of damages in the United States and Japan,the Montreal convention of international disaster such as the progress of the Warsaw system problems are introduced,on compensation for personal injury compensation for the disaster don’t know people can have a clear understanding and the understanding.Can be in after the accident for the passengers and their families to provide good guidance,the pain of separation from loved ones on you need bear the application of multifarious disturbance,the victims’ families can maintain their own rights and interests very well. |
