Study On The Third Party Liability Insurance System In Aviation

Aviation third party liability insurance,as a remedy to externalize risk,is extremely important for victims of risk sharing,victim benefit relief,or the overall development of the aviation industry.China’s current aviation law has almost no legislation on liability insurance for third-party aviation.Although it is the same as international law and national law,the provision of aviation third party liability insurance is mandatory liability insurance,and whether it can provide sufficient insurance deposits or guarantees as a precondition for aircraft operators to obtain operating licenses,compared with foreign law.Regarding the determination of the “third person” that is related to the right of infringement damage compensation,the premise of insurance liability,the scope of “insurance accident”,the “insurance limit” closely related to insurance claims,and the right of direct appeal of a third party,etc.None of them have been legislated to clarify,and the noise infringement that has been increasingly supported in judicial practice is still not included in the aviation third party liability insurance legislation.Perfecting the aviation third party liability insurance system can not only be an oath on the theoretical level,but also guarantee the implementation of the value level.Through comparison and comparison of domestic and foreign legislative systems,this paper analyzes the ambiguities and deficiencies of China’s aviation third party liability insurance legislation on these issues,and proposes the definition of “third person” and “insurance accident”,establishes insurance quota classification standards,and expands The legislative proposals for the direct right of the third party and the inclusion of noise infringement into the scope of underwriting are a useful way to improve China’s aviation third party liability insurance.