Compensation For Personal Injury In Internationalair Crash

With the rapid development of the global economy and the close movement of international personnel,air transport has become the only choice for travel.But given the special nature of air transport,accidents are often catastrophic.The Warsaw System of 1929 and the 1999 Montreal Convention,as the harmonized private law conventions in the field of international air transport,played a pivotal role in adjusting the relationship between international air transport and the personal and property relations between passengers and carriers.The Montreal Convention completely replaced the Warsaw Convention liability regulation system that has been continuously updated since its establishment in 1929,and has become a relatively independent international air carrier liability convention.Although China is a party to the Montreal Convention,the development of China’s air transport law lags far behind developed countries in Europe and the United States.This article attempts to expand on the important issues that the Montreal Convention intends to address,elaborating the principles of exclusive jurisdiction and fifth jurisdiction,the carrier’s liability attribution principle,and mandatory maximum compensation.The last part of this article is based on the analysis of the legal problems existing in the international aviation personal injury compensation system,combined with the previous analysis and demonstration,and appropriate reference to the experience and practices of the international community,and put forward some specific suggestions and opinions on how to improve China’s relevant systems.In addition to the introduction and conclusion,this article is divided into four chapters:The first chapter mainly introduces the concepts of international air transport,international aviation accidents,personal injury and personal injury compensation in international conventions,and compares the legalprovisions and judicial practices of developed countries in Europe and the United States to make a compensation system for personal injury in international aviation accidents Further elaboration.The second chapter focuses on the analysis of the jurisdiction content of personal injury compensation cases in international aviation accidents,and discusses the historical evolution of jurisdiction content from the Warsaw Convention to the Montreal Convention.The analysis focuses on the implementation dilemma of the fifth jurisdiction and its application in the United States.The third chapter analyzes the development of the carrier’s liability system in the personal injury of an international aviation accident,and focuses on the analysis of the following two contents: First,changes in the carrier’s liability principle,emphasizing the carrier’s liability exemption conditions and strict liability principle The second is the introduction and application of the maximum liability compensation limit,and the changes and development trends of the maximum liability compensation limit.The fourth chapter is mainly aimed at the relative lag in the law of compensation for personal injury in international aviation accidents in China,and proposes that the carrier’s imputation principle and the maximum liability limit should be improved in accordance with China’s actual situation and international conventions Four measures were proposed to vigorously develop aviation insurance,establish the principle of double-gradient liability,introduce the advance payment system,and increase the damage compensation limit to promote the healthy development of China’s international air transport industry.