“陆红诉美联航旅客损害赔偿案”评析国际私法专业论文.docxVIP

1 1 2 2 Abstract With the rapid development of international air transport industry, how to solve the conflict of laws of international aviation industry has become the focus of research, difficulties of private international law scholars. The theoretical research and the domestic and foreign scholars mainly dedicated to the field of international air transport, rarely analyzed deeply to complete a case. This paper selects a typical international air passenger damage compensate case as the breakthrough point, based on the analysis of the case, the international convention of passenger transport rules, good balance between the carrier and the passenger s interests, highlight the protection of the legitimate rights and interests of consumers, is our urgent need to solve the problem, the use of empirical analysis, comparative analysis and the historical analysis, interpretation of the applicable law, and puts forward the unique insight, through to the new promulgated the peoples Republic of China laws applicable to foreign-related civil relations law (hereinafter referred to as the law application ) analysis of applicable provisions in relevant laws, analysis of the cases with the new law, to find a more reasonable the reasons for the process and result of the case. On the basis of practice and theory, the author tries to analyze the peoples Republic of China Civil Aviation Law ( hereinafter referred to as the law on Civil Aviation ) from the department regulations of compensation system and the International Convention on the existing passenger personal injury, so as to put forward some suggestions. The article is divided into the following sections: The first part is the case introduction. Based on the case compensation for the land of red v. United Airlines passenger damage case firstly, summarizes the positions of each party and to support their claim to the court to provide evidence, the court in this case, the decision content, put on trial results from