| 英文摘要 |
The disappearance of Malaysia Airlines Flight MH370 has triggered many issues on international aviation law, and the solution of these issues has important guiding significance and reference value for the similar international air transport accidents in the future. The representations or statements made by Malaysia Airlines and the Government of Malaysia in respect of the flight are based on international aviation law. The exact meaning of losing contact, disappearance and accident must be interpreted in the light of the provisions of international aviation law. Although there is no uniform provision for the search period of aircraft in international aviation law, the highest purpose is to rescue survivors. Aircraft search practice shows that the search period of aircraft is uncertain, once the search purpose can not be achieved, the search can be stopped. In the case of the missing aircraft, it is usually assumed the death of the passenger by the government of a state in which the aircraft is registered. For passengers whose places of departure and destination are Kuala Lumpur and Beijing respectively, the carriage is international air carriage as defined in the Montreal Convention, and the courts of China have jurisdiction. The Montreal Convention did not set a specific amount of compensation, or the compensation of the cap, the point of view that the carrier’s liability is limited to 128821 Special Drawing Rights (SDRS) is a misreading of the Convention, unlimited liability system is the core of the Convention. It is critical to understand the Montreal Convention correctly not only to carriers and claimants, but also to the court in which the case is brought, because it is related to whether the court can correctly apply the law and make a fair decision. |
