On the Evolution of Air Transportation Liability System in China

The air transportation liability system in China has become old-fashioned and the amount of compensation limited to ￥400,000 is quite maladjusted to the social economic state of development. To safeguard human rights and support consumers- rights are the inevitable trend of the development of democracy with the rule of law. The legal system of civil damages, which turns from liability for fault to liability without fault is the historical necessity and regular pattern of law evolution. The 1999 "Montreal Convention" has displaced the "Warsaw System" (mainly the 1929 "Warsaw Convention"), refreshed the original rules, set up a new international air carriers- liability system, and achieved the integration and modernization of the damage system, which demonstrates the advancement of legal system of civil damages. In this paper, the writer suggests that China should be geared to international standards, revise current law system in proper time, and perfect the air transportation liability system in China, by reference to the 1999 "Montreal Convention". Meanwhile, the suggestions contribute to improving the aviation safety, protecting the passengers'life and health rights, ensuring the air transportation order, and building a society with harmony and stability, which exert a positive role in revitalizing the Chinese nation.