Analysis On The Application Of Law In Compensation For Damages In International Air Passenger Transportation

With the development of our country’s air transportation industry,cases of passengers seeking damages due to personal injury in international air transportation frequently occur.And in these cases,to varying degrees,there are problems in the application of the law: either mistaken that the application of international private aviation law treaties should be based on the guidance of our conflict norms,or the direct application of the forum law,or misunderstanding that the application of international private aviation law treaties must be prerequisite for the accession and ratification of the countries of nationality of both parties,or confusion of the logic of the application of law between the international aviation private law treaties and the domestic law,or the erroneous exclusion of the application of private international air law treaties,etc.Therefore,it is necessary to conduct an in-depth analysis of the law application rules and their internal connections involved in international air passenger transportation damage compensation cases to clarify which international private aviation law treaties or domestic law rules should be applied to adjust the legal relationship of damage compensation,and how to deal with their relationship when they are applied,so as to correctly guide the application practice of private international air transport treaties in China.On the basis of case study,this paper summarizes the problems exposed in the application of international air passenger transport damage compensation cases in China’s legislation and judicial practice.At the same time,the wrong judgment ideas of Chinese courts in the application of this kind of cases are summarized and sorted out.Finally,a solution is proposed that it is necessary to perfect the applicable rules of international air passenger transport damage compensation law,standardize the quotation and thinking path of the applicable rules of international air passenger transport damage compensation law,and strengthen the theoretical understanding and practical application of international air private law treaties in our theoretical and practical circles.