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涉外航空运输中关于旅客人身伤害的侵权法律适用问题较为复杂,同时存在统一实体法和冲突规范,因此首先需要对两者之间的界限进行一个明确的划分。在适用冲突规范方面,意思自治原则正逐渐从合同领域走向侵权领域,而涉外航空侵权作为一种特殊的侵权关系,其适用意思自治原则的实质是对弱者进行保护,换言之,传统的意思自治原则在一定的程度上受到了弱者保护原则的限制。
The issue of the law applicable to the infringement of passenger personal injury in foreign air transport is rather complicated. There is also a unified substantive law and conflict of laws rules. Therefore, it is necessary to make a clear distinction between the two boundaries. In the aspect of the application of conflict norms, the principle of autonomy of will gradually moves from the field of contract to the area of infringement. As a special infringement relationship, the essence of the principle of autonomy of purpose applies to the protection of the weak. In other words, the traditional principle of autonomy of will To a certain extent, it is limited by the principle of the protection of the weak.