On Compensation Regime Of Maritime Personal Injuries

Compared with common personal injuries, maritime personal injuries have their own characteristics. Their discrepancies under the compensation regime for common personal injuries have fully manifested by related theories and practice. Therefore, it is necessary to establish an independent compensation regime for maritime personal injuries so as to make up for the inadaptability and deficiency of regulating maritime cases by the compensation rules for common personal injuries.This dissertation mainly researches on the academic and practical embarrassments and solutions in the compensation rules of maritime personal injuries, by using comparative analysis, historical analysis, law and economic analysis, empirical analysis, so as to establish a suitable compensation regime for maritime personal injuries in China. This dissertation includes six chapters.Chapter 1 demonstrates the rationality of the name "maritime personal injury"; clarifies the basic concept of the compensation for maritime personal injuries; brings forward the necessity of the establishment of the compensation regime for maritime personal injuries.Chapter 2 clarifies both parties in the compensation relationship for maritime personal injuries, that is, the obligee and the obligor; systematically analyses and discusses the subject identity troubles caused by the complexity of the related rules and regulations and the subject issues in the maritime judicial practice.Chapter 3 organizes historical evolution process of the principle of liability and proposes 2+2 theory for tort liability principle of China on this basis; combining with the characteristics of maritime personal injuries, proposes to reconstruct the compensation regime for maritime personal injuries in China in accordance with the double liability principle which include the presumed-default liability principle and strict liability principle.Chapter 4 discusses compensative principles, scope and standards of maritime personal injuries in China and proposes the suitable compensation regime for maritime personal injuries on the basis of questioning the legality and rationality of current relevant rules and regulations. Chapter 5 discusses the contradictions and solutions between the joint tortfeasors'joint liability and limitation of liability for maritime claims and proposes the limitation of liability for maritime personal injuries shall also apply to compensation for mental losses.Chapter 6 expatiates on the conditions and nature of employer's liability in the compensation for maritime personal injuries and puts forward the concurrence and application of the employer's liability and tort compensation liability of maritime personal injuries.