国务院关于修改《国内航空运输旅客身体损害赔偿暂行规定》的决定

国务院第132号令
（Adopted at the 31st Executive Meeting of the State Council on January 3， 1989， promulgated¹ by Decree No. 28 of the State Council of the People's Republic of China on February 20， 1989 and become effective as of May 1， 1989）
颁布日期：19931213 　实施日期：19890501 　颁布单位：国务院

　　Article 1 These Provisions are formulated² for the purpose of defining the civil liability that domestic air carriers shall bear for the bodily injury of passengers.

　　Article 2 These Provisions shall apply to the compensation for the bodily injury of passengers that occur in domestic air passenger transportation.

　　The term “domestic air passenger transportation” referred to in the preceding paragraph denotes any air passenger transportation in which， according to the contract of carriage， the place of departure， the agreed stops， and the destination are all within the territory of the People's Republic of China.

　　Article 3 The carriers shall be liable for compensation for death and injury sustained by passengers on board an aircraft or in the course of embarkation³ or disembarkation.

　　Article 4 The carriers shall not be liable for compensation provided they can prove that death or injury of passengers is caused by force majeure or by the passengers' own health conditions.

　　Article 5 The carriers' liability to pay compensation may be reduced or exempted⁵ provided they can prove that the death or injury of passengers is caused by the negligence⁶ or willful misconducts on the part of the passengers themselves.

　　Article 6 The maximum amount of compensation shall be 70，000 Renminbi yuan for each individual passenger， for which the carriers are liable for compensation as under these Provisions.

　　Article 7 Passengers may at their own discretion⁷ to cover with an insurance company an insurance against accidental bodily injury in air transportation. The payment of the insurance indemnity⁸， however， shall not exempt⁴ or reduce the amount of compensation that the carriers shall be liable for paying.

　　Article 8 Compensation paid to foreigners， overseas Chinese， compatriots from Hong Kong and Macao， and compatriots from Taiwan may be converted into the currency of the country or region concerned and the rate of exchange shall be decided⁹ as per the listed rate of exchange officially published by the State Administrative¹⁰ department for control of foreign exchange of the People's Republic of China on the day on which the compensation is paid.

　　Article 9 In the event that a dispute with respect to the compensation for injury arises between the passengers or their heir and the carrier， they may file a suit with the people's court.

　　Article 10 The Civil Aviation Administration of China shall be responsible for the interpretation¹¹ of these Provisions.

　　Article 11 These Provisions shall become effective as of May 1， 1989 and the Regulations Concerning Compulsory¹² Insurance Against Accidental Injury for Air Passengers promulgated by the Financial Economic Commission of the Administration Council of the People's Republic of China on April 24， 1951 shall be nullified simultaneously¹³.