中华人民共和国民用航空法（二）

　　Chapter XII Liability for Damage to Third Parties on the Surface

　　Article 157 Any person on the surface （including water surface， the same below） who suffers death or personal injury or damage to property caused by a civil aircraft in flight or by any person or thing falling therefrom shall be entitled to compensation. Nevertheless， the person suffers damage shall have no right to compensation if the damage is not a direct consequence of the incident giving rise thereto， or if the damage results from the mere fact of passage of the civil aircraft through the airspace in conformity with air traffic regulations concerned of the State.

　　The term “in flight” mentioned in the preceding paragraph means the period beginning from the moment when power is applied by a civil aircraft for the purpose of actual takeoff until the moment when the landing run ends. In the case of a civil aircraft lighter than air， the expression “in flight” relates to the period from the moment when it becomes detached from the surface until it becomes again attached thereto.

　　Article 158 The liability for compensation contemplated by Article 157 of this Law shall attach to the operator of the civil aircraft.

　　The term “operator” mentioned in the preceding paragraph means the person who was making use of the civil aircraft at the time the damage was caused. However， if the control of the navigation of the civil aircraft was retained by the person from whom the right to make use of the civil aircraft was derived， whether directly or indirectly， that person shall still be considered the operator.

　　The operator shall be considered to be making use of a civil aircraft when his servants or agents are using the civil aircraft in the course of their employment， whether or not within the scope of their authority.

　　The registered owner of the civil aircraft shall be presumed to be the operator and shall be liable as such unless， in the proceedings for the determination of his liability， he proves that some other person was the operator and， in so far as legal procedures permit， takes appropriate measures to make that other person a party in the proceedings.

　　Article 159 If a person makes use of a civil aircraft without the consent of the person entitled to its navigational control and caused a damage to third parties on the surface， the person entitled to the navigation control， unless he proves that he has exercised due care to prevent such use， shall be jointly and severally liable with the unlawful user.

　　Article 160 Any person who would otherwise be liable under the provisions of this Chapter shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance.

　　Any person who would otherwise be liable under the provision of this Chapter shall not be liable if such person has been deprived of the right to use the civil aircraft by the public authority according to law.

　　Article 161 Any person who would otherwise be liable under the provisions of this Chapter shall be exonerated from the liability for damage if he proves that the damage was caused solely by the fault of the person who suffers the damage or of the latter's servants or agents. If the person liable proves that the damage was contributed to by the fault of the person who suffers the damage， or of his servants or agents， the compensation shall be reduced to the extent to which 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 person who suffers the damage proves that his servant or agent was acting outside the scope of his authority.

　　Where an action is brought by one person to recover the damage arising from the death or injur

　　Article 162 When two or more civil aircraft have collided or interfered with each other in flight and damage for which a right to compensation as contemplated in Article 157 of this Law results， or when two or more civil aircraft have jointly caused such damage， each of the civil aircraft concerned shall be considered to have caused the damage and the operator of each civil aircraft shall be liable.

　　Article 163 The persons referred to in paragraph 4 of Article 158 and Article 159 of this Law shall be entitled to all defences which are available to an operator under the provisions of this Chapter.

　　Article 164 Neither the operator， the owner， any person liable under Article 159 of this Law， nor their respective servants or agents， shall be liable for damage on the surface caused by a civil aircraft in flight or any person or thing falling therefrom otherwise than as expressly provided in this Chapter， except any such person who has caused the damage deliberately.

　　Article 165 Nothing in this Chapter shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.

　　Article 166 The operator of a civil aircraft shall be covered by insurance against liability for third parties on 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 defences against claims brought up in accordance with the provisions of this Chapter：

　　（1） That the damage occurred after the insurance or guarantee ceased to be effective. However， if the insurance or guarantee expires during a flight， it should be continued in force until the next landing specified in the flight plan， but no longer than twenty-four hours； and

　　（2） That the damage occurred outside the territorial limits provided by the insurance or guarantee， unless flight outside of such limits was caused by force majeure， assistance justified by the circumstances or an error in piloting， operation or navigation.

　　The continuation in force of the insurance and guarantee under the provisions of the preceding paragraph shall apply only for the benefit of he person suffering damage.

　　Article 168 Without prejudice to any right of direct action which the person suffering damage may have under the law governing the contract of insurance or guarantee， such person may bring a direct action against the insurer or guarantor only in the following cases：

　　（1） Where the insurance or guarantee is continued in 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 of Article 167 of this Law， the insurer or guarantor may not， with respect to direct actions brought by the person suffering damage in accordance with the provisions of this Chapter， avail himself of any ground of nullity of the insurance or guarantee or any right of retroactive cancellation in setting up defences.

　　Article 169 If insurance or gua

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