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The compensatory problem of 415 aviation accident- -
From;    Author:Stand originally
Go measuring from the angle of airline, after aviation accident happening, one of problems that the urgentest need solves are insurance claim for compensation and the problem that the victim remedies of course. To China International airline (namely country boat) for, its plane itself already was cast to the People's Insurance Company of China keep 21.61 million dollar. After accident happening, this machine already belonged to “ to destroy ” completely, win this compensation, boat is equal to the country and do not have a loss, usable compensation buys a plane additionally. But, from be murdered reach get hurt the passenger's angle goes looking, besides life, the loss of the body, still have the loss of passenger property. The compensation of its fall victim divides kind: One kind is safe, namely the accident a place difficult of access that him passenger buys by oneself, or the restful insurance that company of airline, credit card, travel agent buys for the passenger. This kind of insurance has article to set according to it claim for compensation of claim for compensation, manage compensate procedure is simpler also. Another kind is responsibility compensation, namely the internal law related airline basis and regulation of law of nations, to the liability to pay compensation of passenger bear. The responsibility related meantime and obligation, the drag in of relevant law, problem and manage compensate process are more complex. The lawyer that calls lawsuit of empty difficult compensation plus global full-time is numberless as the sand, when any aviation accident happen, his Dou Hu inspects Dan Dan, strive grabs the trade, in the meantime, one but available difficult happening, the law that drag in goes to remedies a problem with respect to be inextricably involved. This country boat because 415 aviation accident happen in Beijing to arrive on the course between boiler hill, undoubted, range of line of boundary of dependency of be subordinate to of liability to pay compensation, should depend on law of nations of course pertinent clause provision goes solving. Because People's Republic of China had signed the Montreal agreement that joins responsibility of normative international civil aviaton on September 10, 1980, accordingly, the responsibility of 415 aviation accident and compensatory problem should undertake according to relevant law of nations oneself. Do not leave the state that differs for each phase between international of frame of two old pact, once made a chain of relevant convention, article, agreement early or late, include among them: One, Warsaw convention: This is in polish capital Warsaw by each country 1929 signs pact, can say the legal originator that is aviation accident of machine of global concerned civil aviaton and liability to pay compensation, from now on, any aviation accident produce the whole world to remedy a problem from what what involve, handle according to the spirit of Warsaw agreement and principle mostly. At that time the regulation of Warsaw convention is, the upper limit of individual manage compensate of all aviation accident decides 120 thousand 5000 franc, approximate 8600 to 10 thousand dollar between. Human life nots worth quite at that time money, because global aviation career is in budding phase,be, no matter the science and technology of flight itself or airline scale are in,start. If specified amount of aviation accident compensation is exorbitant, likelihood the development of career of block up civil aviaton. Accordingly, 1955, each country signed The Hague clause in Holand The Hague (Protocol) of   of The   Hague, the limitation on the compensation Warsaw convention raised one times, namely aviation accident compensates for highest forehead is 230 thousand franc, be equivalent to left and right sides of 20 thousand dollars. 2, Montreal treaty: Because The Hague convention still cannot satisfy “ human life to involve the compensatory number of day ” , initiate in the United States below, each country signed ” of “ Montreal agreement in Canadian Montreal 1966, united States of formulary every flying classics, Canada or the airliner plane that are destination with this 2 countries, its aviation accident is highest compensatory upper limit is 70 thousand 5000 dollars. Nevertheless, warsaw convention it may not be a bad idea, montreal agreement, these compensate for upper limit regulation, do not limit the duty rate of passenger charge airline. In other words, if airline is had in aviation accident apparent and the responsibility that cannot resist and error, the passenger can inspect a condition airline of individual or collective charge, aircraft production company and even at the airport, control tower, seek redress. Arrived 1999, each country signs Convention) of new   of ”(Mortreal of “ Montreal convention in Montreal again, increase compensatory specified number for 130 thousand 5000 dollars. At that time, because global banking system already was not gold standard times, to make aviation accident compensates for give the unit that pays the forehead to an all over the world all allows, montreal convention is special cite the “ SDR ” that universal money foundation begins to cite from 1974 (Rights of   of Special   Draft, SDR) is an unit, the upper limit of highest compensation specified amount that sets aviation accident is unit of 100 thousand SDR. It is a standard with this, the value of each country currency when amount to is compensated for. (the relevant content of SDR and money of its and each country change rate, too complex, the article does not draft expatiatory. ) this comes to   , each country is on the problem of aviation accident and compensation, had a formulary number that suits an opportunity at long last. Of course, besides convention of Warsaw convention, The Hague clause, Montreal, the law of nations that other and aviation accident compensation concern still has: Melon amounts to Lahala convention (1961) , Guatemala city clause (1971) , Montreal complement clause (1975) , this a chain of or to amend article, or the provision that concerns with goods compensation. But, roughly, the compensatory problem of global aviation accident in the framework of ” of convention of park “ Warsaw and ” of “ Montreal convention, and abide by for each country place. Warsaw convention safeguards a passenger to appeal to because Warsaw convention sets the 25th times,beg, be like the person that aviation accident responsibility belongs to airline, airport or aircraft production company, the passenger can put forward compensation to appeal to beg, accordingly, the aviation accident incident that calendar year comes to, the compensatory requirement that passengers raise is adjacent astronomical, and exceed 1 million dollars at least, amount to above of ten million dollar even sometimes. because of such, one but produce aviation accident, the method of meet an emergency of clever airline or insurance company is: Put forward brushstroke to the fare that be murdered or gets harm and family member instantly reasonable reach the compensation that can accept, ask to be in instantly the end a case after getting a money. Can reduce lawsuit so expenditure and decrease in aside the lawyer that the tiger inspects delay to abandon oneself to is receiving case hind, offer astronomical litigant opportunity. 2000, the aviation accident that Singapore airline enters track by accident in Taiwan happening is less than 4 days after incident, raise the compensation of every 420 thousand 5000 dollars actively to the dead's family member namely, this number is regarded as Taiwan in Taiwan at that time the indemnity of ” of “ day price on aviation accident history. Singapore airline this action proves later is very sharp move. Because, no matter postmortem findings how, the responsibility that Singapore airline has an accident at that time is impossible 100 percent blameless, with its the likelihood is immersed in the lawsuit program with worry and long boundless day, be inferior to putting forward to compensate for first. In the future, if aviation accident responsibility moves fish result, still can mix with respect to responsibility composition the airport apportion of Taiwan compensates for the forehead. As expected, after two years, international aviation accident investigates a group to think, that aviation accident, of Taiwan in airport control tower and airport facilities have a problem, responsibility of cause an accident of booth of part of one's job. Chinese insurance company also applied airline of same skill Singapore to make clear-cut decision quickly on compensatory problem, not only the expenditure that reduced this company to engage in a lawsuit, also make international passenger because the manner of rapid manage compensate of this company, in advance “ excuses the aviation accident responsibility that this returns ” Singapore airline, refresh of as soon as possible its image. After 415 aviation accident, the People's Insurance Company of China also uses this skill, aviation accident happening the following day, dial 2 million U.S. dollor to arrive namely the spot, inspect a circumstance to extend instantly fall victim passenger, among them flight crew of ship of a few countries gets hurt personnel already signed instantly suffer compensate. The gimmick of ” of calamity of pass the time in a leisurely way of beautiful money of this kind of “ also is clever of course lift, because of the country boat already was cast for the passenger to the People's Insurance Company of China beforehand guarantee accident a place difficult of access. If any passengers miss charge country boat, its want a state admittedly partly above quota boat burden, but in the country of boat cast keep the specified number inside, the People's Insurance Company of China needs pay. Accordingly, fast foot of this company quick worker first acceptance gives pay, also have at that time be on guard action of big ringent of certain passenger lion. Nevertheless, anyhow, after 415 aviation accident produce this country ship, on amount of best and reasonable compensate, native passenger and foreign passenger need treat equally without discrimination, otherwise not only can cause needless lawsuit, inequitable also to native passenger. After all, ship accident location is in the country Korea, the regulation that depends on law of nations according to behoove goes handling manage compensate issue.

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