帅哥
发表于 2008-12-31 02:48:00
Article 159 If a person makes use of a civil aircraftwithout the consent of the person entitled to itsnavigational control and caused a damage to third par--66-ties on the surface, the person entitled to the navigationcontrol, unless he proves that he has exercised due careto prevent such use, shall be jointly and severally liablewith the unlawful user.Article 160 Any person who would otherwisebe liable under the provisions of this Chapter shall notbe liable if the damage is the direct consequence ofarmed conflict or civil disturbance.Any person who would otherwise be liable underthe provision of this Chapter shall not be liable if suchperson has been deprived of the right to use the civilaircraft by the public authority according to law.Article 161 Any person who would otherwisebe liable under the provisions of this Chapter shall beexonerated from the liability for damage if he provesthat the damage was caused solely by the fault of theperson who suffers the damage or of the latter's servantsor agents. If the person liable proves that thedamage was contributed to by the fault of the personwho suffers the damage, or of his servants or agents,the compensation shall be reduced to the extent towhich such fault contributed to the damage. Nevertheless,there shall be no such exoneration or reduction if,in the case of the fault of a servant or agent, the personwho suffers the damage proves that his servant or agentwas acting outside the scope of his authority.Where an action is brought by one person to rc--67-cover the damage arising from the death or injury ofanother person, and the damage was caused by the faultof such other person, or of his servants or agents, theprovisions of the preceding paragraph shall apply.
帅哥
发表于 2008-12-31 02:48:11
Article 162 When two or more civil aircrafthave collided or interfered with each other in flight anddamage for which a right to compensation as contemplatedin Article 157 of this Law results, or when twoor more civil aircraft have jointly caused such damage,each of the civil aircraft concerned shall be consideredto have caused the damage and the operator of eachcivil aircraft shall be liable.Article 163 The persons referred to in paragraph4 of Article 158 and Article 159 of this Law shallbe entitled to all defences which are available to an operatorunder the provisions of this Chapter.Article 164 Neither the operator, the owner,any person liable under Article 159 of this Law, northeir respective servants or agents, shall be liable fordamage on the surface caused by a civil aircraft inflight or any person or thing falling therefrom otherwisethan as expressly provided in this Chapter, exceptany such person who has caused the damage deliberately.Article 165 Nothing in this Chapter shall preju-68-dice the question whether a person liable for damage inaccordance with its provisions has a right of recourseagainst any other person.
帅哥
发表于 2008-12-31 02:48:24
Article 166 The operator of a civil aircraft shallbe covered by insurance against liability for third partieson the surface or obtain corresponding guarantee.Article 167 The insurer or the guarantor may,in addition to the defences available to the operator,and the defence of forgery, set up only the following defencesagainst claims brought up in accordance with theprovisions of this Chapter:(1) That the damage occurred after the insuranceor guarantee ceased to be effective. However, if the insuranceor guarantee expires during a flight, it shouldbe continued in force until the next landing specified inthe flight plan, but no longer than twenty-four hours;and(2) That the damage occurred outside the territoriallimitsprovided by the insurance or guarantee, unlessflight outside of such limits was caused by forcemajeure, assistance justified by the circumstances or anerror in piloting, operation or navigation.The continuation in force of the insurance andguarantee under the provisions of the preceding paragraphshall apply only for the benefit of the person sufferingdamage.-69-Article 168 Without prejudice to any right ofdirect action which the person suffering damage mayhave under the law governing the contract of insuranceor guarantee, such person may bring a direct actionagainst the insurer or guarantor only in the followingcases:(1) Where the insurance or guarantee is continuedin force under the provisions of sub-paragraphs (1) and(2) of Article 167 of this Law.and(2) The bankruptcy of the operator.Excepting the defences specified in paragraph 1 ofArticle 167 of this Law, the insurer or guarantor maynot, with respect to direct actions brought by the personsuffering damage in accordance with the provisionsof this Chapter, avail himself of any ground of nullityof the insurance or guarantee or any right of retroactivecancellation in setting up defences.Article 169 If insurance or guarantee is furnishedin accordance with Article 166 of this Law, itshall be specifically and preferentially assigned to paymentof claims under this Chapter.
帅哥
发表于 2008-12-31 02:48:36
Article 170 Any sum due to an operator froman insurer shall be exempt from seizure and executionby creditors of the operator until claims of third partiesunder this Chapter have been satisfied.Article 171 Actions concerning indemnity for-70-damage to third parties on the surface shall be subjectto a period of limitation of two years from the date ofthe incident which caused the damage; but in any casesuch period shall not go beyond a period of three yearsfrom the date of the incident which caused the damage.Article 172 The provisions of this Chapter shallnot apply to the following damage:(1) The damage caused to a civil aircraft in flight,or to persons or cargo on board such aircraft;(2) The damage which is regulated either by a contractbetween the person who suffers such damage andthe operator or the person entitled to use the civil aircraftat the time the damage occurred, or by the law relatingto workman's compensation applicable to a contractof employment between such persons; and(3) Nuclear damage.Chapter XIIISpecial Provisions GoverningForeign Civil AircraftArticle 173 The provisions of this Chapter shallbe applicable to foreign civil aircraft operated byforeigners and engaged in civil aviation activities in theterritory of the People's Republic of China; where noprovisions are available in this Chapter, other provi--71-sions concerned in this Law shall apply.Article 174 A foreign civil aircraft may enter orleave the airspace of the People's Republic of China,and operate or land in the territory of the People's Republicof China only in accordance with the air transportagreement concluded between the Government ofthe People!s Republic of China and the government ofthe State in which the aircraft is registered, or inaccordance with the approval or clearance of the competentcivil aviation authority under the State Councilof the People!s Republic of China.If a foreign civil aircraft, not conforming to theprovisions of the preceding paragraph, is entering orleaving the airspace of the People's Republic of Chinawithout authorization, the authorities concerned of thePeople!s Republic of China have the right to take necessarymeasures to order the aircraft to land at a designatedairport; if there is reasonable ground to deemthat it is necessary to make an inspection of a foreigncivil aircraft which operates in conformity with the provisionsof the preceding paragraph, the authorities concernedhave the right to order the aircraft to land at adesignated airport.
帅哥
发表于 2008-12-31 02:48:49
Article 175 The operator of a foreign civil aircraftentering the airspace of the People's Republic ofChina shall furnish relevant certificatets) to prove thathe has been covered by insurance against liability for-72-third parties on the surface, or obtained correspondingguarantee; where the operator fails to furnish the relevantcertificatefs), the competent civil aviation authorityunder the State Council of the People's Republic ofChina has the right to refuse him to operate into theairspace of the People's Republic of China.Article 176 The operator of a foreign civil aircraftmay operate the international scheduled air servicesspecified in the air transport agreement concludedbetween the Government of the People's Republic ofChina and his own government only after he has beendesignated by his own government and obtained theoperating licence issued by the competent civil aviationauthority under the State Council of the People/s Republicof China; the operator of a foreign civil aircraftmay operate non-scheduled air transport between aplace within the territory of the People's Republic ofChina and a place without said territory only after hehas been approved by his own government and by thecompetent civil aviation authority under the StateCouncil of the People's Republic of China.The operator of foreign civil aircraft mentioned inthe preceding paragraph shall, in accordance with theprovisions of the laws and administrative rules and regulationsof the People!s Republic of China, formulatecorresponding plan of security and submit it to thecompetent civil aviation authority under the StateCouncil of the People!s Republic of China for the re--73-cord.
帅哥
发表于 2008-12-31 02:48:59
Article 177 No operator of foreign civil aircraftshall operate the air transport between two points in thePeople!s Republic of China.Article 178 The flight of a foreign civil aircraftshall be conducted in accordance with the timetable orflight plan approved by the competent civil aviation authorityunder the State Council of the People's Republicof China; approval of the competent civil aviationauthority under the State Council of the People's Republicof China shall be obtained by the operator in respectof any change in timetable or flight plan; the operatorshall report in time to the competent civil aviationauthority under the State Council of the People'sRepublic of China in respect of any change or cancellationof flight.Article 179 A foreign civil aircraft shall take offor land at a customs airport designated by the competentcivil aviation authority under the State Council ofthe People's Republic of China.Article 180 The competent civil avration authorityunder the State Council of the People's Republicof China and other competent authorities shall havethe right to inspect the documents specified in Article90 of this Law of a foreign civil aircraft on its landing-74-or departure.Foreign civil aircraft and the persons, baggage andcargo carried therein shall be subject to entry, exit, customs,quarantine and other inspections exercised by thecompetent authorities concerned of the People's Republicof China according to law.In exercising the inspections prescribed in the twopreceding paragraphs, undue delay shall be prevented.Article 181 The civil aircraft certificates ofairworthiness and certificates of competency and licencesof crew members issued or rendered valid by theState in which the nationality of a foreign civil aircraftis registered, shall be recognized as valid by the Governmentof the People's Republic of China, providedthat the requirements under which such certificates orlicences were issued or rendered valid shall be equal toor above the minimum standards established by the InternationalCivil Aviation Organization.
帅哥
发表于 2008-12-31 02:49:10
Article 182 In the event that a foreign civil aircraftis in emergency within the search and rescue areaof the People's Republic of China, the participation ofits owner or of the State in which the nationality of theaircraft is registered shall be subject to the approval ofthe competent civil aviation authority under the StateCouncil of the People's Republic of China or inaccordance with the agreement between the governmentsof the two States.-75-Article 183 In the event of an accident occurredto a foreign civil aircraft in the territory of the People'sRepublic of China, the State in which the nationality ofthe aircraft is registered or other States concerned mayappoint observers to take part in accident investigation.The report of accident investigation and findings in thematter shall be communicated by the competent civilaviation authority under the State Council of the People/s Republic of China to the State in which the nationalityof such civil aircraft is registered and otherStates concerned.Chapter XIV
帅哥
发表于 2008-12-31 02:49:20
Application of Law to Foreign-related MattersArticle 184 Where the provisions of an internationaltreaty concluded or acceded to by the People'sRepublic of China are different from those of this Law,the provisions of that international treaty shall apply,except the provisions for which reservation has beendeclared by the People/s Republic of China.In respect of cases which are not provided by thelaw of the People's Republic of China or by the internationaltreaties concluded or acceded to by the People/s Republic of China, international practices mayapply.-76-Article 185 The law of the State in which thenationality of a civil aircraft is registered shall be applicableto the acquisition, transference and extinction ofthe ownership of the civil aircraft.Article 186 The law of the State in which thenationality of a civil aircraft is registered shall be applicableto the mortgage of the civil aircraft.Article 187 The law of the location of the courtwhich takes up the case shall be applicable to civil aviationliens.Article 188 The parties to a contract of civil airtransport may choose the law applicable to the contractunless otherwise provided by law. In case the parties tothe contract have made no such choice, the law of theState most closely related to the contract shall apply.Article 189 The law of the place where an act oftort occurred shall be applicable to indemnity for damagecaused by a civil aircraft to third parties on the surface.The law of the location of the court which takes upthe case shall be applicable to the indemnity for damagecaused by civil aircraft over the high seas to third partieson the surface.-77-
帅哥
发表于 2008-12-31 02:49:29
Article 190 The application of foreign laws orinternational practices in accordance with the provisionsof this Chapter shall in no way violate the publicinterest of the People's Republic of China.Chapter XVLegal LiabilityArticle 191 Where a person seized an aircraftby violence, threats thereof or other means, his criminalresponsibility shall be investigated in accordance withthe Decision Regarding the Punishment of the CriminalsEngaged in Aircraft Hijacking.Article 192 Where a person endangers flightsafety by using violence against a person on board a civilaircraft in flight, but without resulting in serious consequences,his criminal responsibility shall be investigatedin accordance with the provisions of Article 105of the Criminal Law; if grave consequences result fromsuch act, his criminal responsibility shall be investigatedin accordance with the provisions of Article 106 of theCriminal Law.
帅哥
发表于 2008-12-31 02:49:39
Article 193 A person who, in violation of theprovisions of this Law, conceals and brings explosives,detonators or other dangerous articles while flying in a-78-civil aircraft, or consigns dangerous articles for shipmentunder the name of non-dangerous articles, butwithout resulting in serious consequences, shall be investigatedfor his criminal responsibility by applyingmutatis mutandis the provisions of Article 163 of theCriminal Law; if grave consequences result from suchcrime, his criminal responsibility shall be investigated inaccordance with the provisions of Article 110 of theCriminal Law.An enterprise or institution which commits thecrime prescribed in the preceding paragraph shall besubject to a fine, and criminal responsibilities shall beinvestigated against the person directly in charge andother personnel directly responsible for the crime inaccordance with the provisions of the preceding paragraph.A person who conceals and brings firearms, ammunitionand controlled knives while flying in a civilaircraft shall be investigated for his criminal responsibilityby applying mutatis mutandis the provisions ofArticle 163 of the Criminal Law.
