Compensation for Nervous Shock of Passengers in Domestic Air Transportation Based on the Perspective of Comparative Law
The dilemma faced by domestic air transport passengers in compensation for nervous shock is the legal application dilemma arising from Article 131 of the Civil Aviation Law and the terminology interpretation dilemma arising from Article 124.Because of the high similarity between the Warsaw Convention and the Civil Aviation Law,compensation for nervous shock of passengers in international air transportation and domestic air transportation is faced with the same dilemma.Based on the perspective of comparative law,the analysis and reference of the extraterritorial judicial practice show that the level of the carrier's liability is established and it can only be applied to Article 124 of the Civil Aviation Law,and the level of the scope of liability can be applied to other laws in China.If Chinese courts refer to the subjective interpretation theory adopted by the countries of Anglo-American law system in interpreting the"bodily injury"in the Warsaw Convention,the"personal injury"in Article 124 of the Civil Aviation Law will not include nervous shock.While referring to the objective interpretation theory adopted by the countries of continental law system,"personal injury"will include the nervous shock that constitutes a mental disease.The objective interpretation theory is more suitable for China's practical needs,as it conforms to China's judicial practice and is conducive to the realization of multiple legislative purposes.Therefore,the carrier should be liable for mental injury compensation for the nervous shock of domestic air transport passenger which constitutes mental disease.
air transportationnervous shockpersonal injurybodily injurymental injury
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