| In 2019,global civil aviation transported 4.5 billion passengers,and the air passenger transport market is huge.China’s civil aviation passenger volume has been the world’s second,civil aviation transport in China’s public transport is playing an increasingly important role.The huge volume of traffic is bound to bring complex disputes,passengers in the air transport suffered delays,personal injury and baggage damage problems,need to transport contract opposite party-carrier to share.Internationally,the solution of the civil aviation passenger transport contract dispute,dependent on the Warsaw system and to implement the Montreal convention,it is a good example of the unified arrangement in the field of private international law.The Montreal Convention already governs more than 98% of the world’s international air traffic,it makes the relationship between passengers and carriers,which often have conflicts before,become fair and efficient,showing the characteristics of the rule of law.To study the carrier liability system in Warsaw system and Montreal Convention,understand the value and connotation of its core rules,learn the applicable experience of various countries,and summarize the most creative and advanced practices in this system,which has important reference value for the improvement of China’s air passenger transport carrier liability system.First of all,the article defines the international air passenger transport under the Convention,including the international judgment standard of "international transport" and the subject scope of the parties in the passenger transport contract.Secondly,the definitions of terms such as "accident" and "in the process of boarding and disembarking" in the Convention are generated and perfected in judicial practice,clarifying the interpretation of these core terms is the premise of studying the carrier’s liability.Thirdly,the carrier’s liability for compensation is the main content of the carrier’s liability system,which includes the discussion of the carrier’s liability rules,liability limits,types of compensable losses and exemption reasons in personal injury,baggage injury and delay injury of passengers.Then,based on the innovative institutional arrangements and judicial application experience summarized in the above research,the author compares China’s latest legislative achievements and judicial application,and points out the problems existing in relevant fields in China:The term "accident" lacks formal legal definition,which makes the judgment standard of "accident" unclear;There is a contradiction between the widespread existence of delay flights and the lack of legislation on the scope of liability compensation for "delay";The dual responsibility system makes the protection of rights and interests between domestic and international passengers unbalance;Due to the rigidity of liability limitation system,there are three different ways in China on the amount of carrier compensation,and the limitation of liability does not adapt to the level of economic development.In the judicial judgment,the focus of dispute such as the identification of "accident" is ignored,which makes the judgment documents lack logicality and reasoning;Errors in the application of law still occur;There are still many errors of law application in judicial judgment;Judicial judgment is biased in favor of protecting airlines,and the value orientation of paying attention to consumers is not formed,and the protection of vulnerable groups is not enough.Finally,the paper puts forward corresponding solutions to the above problems.In terms of legislation: first,the definition of terms such as "accident" should be made clear;Second,to improve the "delay responsibility" related legislation;Third,we should unify the double track system of responsibility gradually,and establish the monorail system of responsibility consistent inside and outside.Fourth,establish the review system of liability limit,standardize the increase of limit;Fifth,the introduction of the carrier’s advance payment system,improve the spiritual damage,compensation mechanism.In the judicial field: First,play a leading and exemplary role in excellent trials and judgments.Second,strengthen the construction of judges,improve the professional ability of judges to deal with foreign cases;Thirdly,in the dispute settlement of international air passenger transport contract,judicial judgment should reflect the value concept of consumer orientation. |
