中华人民共和国民用航空法（二）

　　Article 131 Any action for damage occurred in air transport， however founded， can only be brought subject to the conditions and limits of liability set out in this Law， without prejudice to the question as to who are the persons who have the right to bring suit and what ar

e their respective rights.

　　Article 132 The carrier shall not be entitled to avail himself of the provisions of Articles 128 and 129 of this Law concerning the limit of liability if it is proved that the damage in the air transport resulted from an act or omission of the carrier， his servants or agents， done with intent to cause damage or recklessly and with knowledge that damage would probably result； provided that， in the case of such act or omission of a servant or agent of the carrier， it is also proved that he was acting within the scope of his employment.

　　Article 133 If an action is brought against a servant or agent of the carrier arising out of damage during air transport， such servant or agent， if it proves that he acted within the scope of his employment， shall be entitled to avail himself of the limits of liability as provided in Articles 128 and 129 of this Law.

　　The aggregate of the amounts recoverable from the carrier， his servants and agents， in the case provided in the preceding paragraph， shall not exceed the legal limits of liability.

　　The provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage in air transport resulted from an act or omission of the servant or agent of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.

　　Article 134 Receipt by the passenger of checked baggage or receipt of cargo by the consignee without complaint shall be prima facie evidence that the same have been delivered in good condition and in accordance with the document of transport.

　　In the case of damage to checked baggage or cargo， the passenger or consignee must complain to the carrier forthwith after the discovery of the damage， and at the latest， within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the checked baggage or cargo have been placed at the disposition of the passenger or consignee.

　　Every complaint must be made in writing upon the document of transport or by separate notice dispatched within the periods prescribed in the preceding paragraph.

　　Failing complaint within the periods provided in paragraph 2 of this Article， the passenger or consignee shall be deprived of the right to claim compensation from the carrier， save in the case of fraud on the part of the carrier.

　　Article 135 The time for bringing up an action concerning air transport is limited to two years， reckoned from the date of arrival of civil aircraft at the destination， or from the date on which the civil aircraft ought to have arrived， or from the date on which the transport stopped.

　　Article 136 In the case of transport to be performed by various successive carriers， each carrier who accepts passengers， baggage or cargo shall be subject to the provisions of this Law， and shall be deemed to be one of the contracting parties to the contract of transport in so far as that part of the transport is concerned which is performed by it in accordance with the contract.

　　In the case of transport of this nature， the passenger or his successor can take action only against the carrier who performed the part of transport during which the accident or the delay occurred， save in the case where， by express agreement， the first carrier shall assume liability for the whole journey.

　　As regards checked baggage or cargo， the passenger or shipper shall have the right of action against the first carrier， and the passenger or consignee shall have the right of action against the last carrier， and further， each may take action against the carrier who performed the part of transport during which the destruction， loss， damage， or delay took place. These carriers shall be jointly

and severally liable to the passenger or to the shipper or consignee.

　　Section 4 Special Provisions Governing Air Transport Performed by Ac Carrier

　　Article 137 “Contracting carrier” referred to in this Section means any person who has concluded a contract of transport by air subject to the regulations of this Chapter in his own name with a passenger or a shipper， or with the agent of a passenger or of a shipper.

　　“Actual carrier” referred to in this Section means any person to whom the performance of the whole or part of the transport referred to in the preceding paragraph has been authorized by the contracting carrier， and who is not the successive carrier as provided in this Chapter； in the absence of a proof to the contrary， such authorization is deemed to be in existence.

　　Article 138 Both the contracting carrier and the actual carrier shall， except as otherwise provided in this Section， be subject to the provisions of this Chapter. The contracting carrier shall be responsible for the whole of the transport contemplated in the contract. The actual carrier shall be responsible for the transport which he performs.

　　Article 139 The acts and omissions of an actual carrier and of his servants and agents acting within the scope of their employment shall， in relation to the transport performed by the actual carrier， be deemed to be also those of the contracting carrier.

　　The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall， in relation to the transport performed by the actual carrier， be deemed to be also those of the actual carrier. Nevertheless， no such act or omission shall subject the actual carrier to liability exceeding the legal limits.

　　Any special agreement under which the contracting carrier concerned assumes obligations not imposed by this Chapter or waives the rights conferred by this Chapter or any special declaration of interest in delivery at destination contemplated in Articles 128 and 129 of this Law， shall not affect the actual carrier unless agreed by him.

　　Article 140 Any claim to be made or order to be given under the provisions of this Chapter shall have equal effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless， orders referred to in Article 119 of this Law shall only be effective if addressed to the contracting carrier.

　　Article 141 In relation to the transport performed by the actual carrier， any servant or agent of that carrier or of the contracting carrier shall， if he proves that he acted within the scope of his employment， be entitled to avail himself of the provisions of Articles 128 and 129 of this Law concerning the limits of liability， unless he acted in a manner which， under the provisions of this Law， prevents the limits of liability from being invoked.

　　Article 142 In relation to the transport performed by the actual carrier， the aggregate of the amounts recoverable from that carrier and the contracting carrier， and from their servants and agents acting within the scope of their employment， shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Law， but none of the persons mentioned shall be liable for a sum in excess of the limit of liability applicable to him.

　　Article 143 In relation to the transport performed by the actual carrier， an action may be brought against that carrier or the contracting carrier separately， or against both together； the carrier against whom an action has been brought shall have the right to require the other carrier to join in the proceedings.

　　Article 144 Except as provided in Article 143 of this Law， nothing in this Section shall affect the rights and obligations between the actual carrier and the contracting carrier.

　　Chapter X General Aviation

　　Arti

cle 145 “General aviation” means civil aviation operations other than public air transport with civil aircraft， including aerial work in the fields of industry， agriculture， forestry， fishery and building industry， and flight operations in the fields of medical and health work， emergency and disaster relief， meteorological service， ocean monitoring， scientific experiment， education and training， culture and sports.

　　Article 146 The operation of general aviation shall satisfy the following conditions：

　　（1） The availability of civil aircraft suitable to the general aviation activities to be operated and conforming to the requirements of ensuring flight safety；

　　（2） The availability of necessary airmen who have been issued licences according to law； and

　　（3） Other conditions conforming to the provisions of laws and administrative rules and regulations.

　　The operation of general aviation for commercial purposes is limited to corporate enterprises.

　　Article 147 Those engaged in general aviation operations not for commercial purposes shall register with the competent civil aviation authority under the State Council.

　　Those engaged in general aviation operations for commercial purposes shall apply to the competent civil aviation authority under the State Council for general aviation operating licences， and register with the administrative department for industry and commerce according to law； no registration shall be performed by the administrative department for industry and commerce for

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