Legal Issues On Damages For Personal Injury And Death Of Assigned Crew

Assigned crew casualty damage has many particularities unlike personal injury, however, the domestic legislative status quo in this field remains grave, resulting in many reality plight of the practice unable to be responded. Based on the basic principle and research method in maritime law, this dissertation tries to analyze certain legal issues in the personal injury or death compensation of the assigned crew, at the same time, the basic theory of tort law as a support, the relevant legislation and judicial practice as a basis, the advanced legislative concept of foreign parties concerned it as a mirror, the academic achievements as a reference, the relevant concept, subject problem, responsibility assumption doctrine of liability fixation, scope of compensation and procedure as the center of it.Utilizing all of the above, this paper will conduct a comprehensively theoretical and systematical research on this legal issue. Besides, in order to promote and facilitate China's foreign assigned crew personal injury compensation settlement, the author will also propose some suggestions on the modification and improvement to the shortcomings and problems lying in the existing law.This article is divided into six chapters.Chapter One puts emphasis on the classification of some basic concepts in foreign assignment casualty damage compensation. It stresses the importance of the difference between the assignment casualty injury and the personal injury when we definite some concepts. In the meantime, this chapter will also definite the concepts through combining with the summary of the existing law and theory and drawing lessons from the other countries definition method.Chapter Two centers around the subject of the right and liability on assigned crew casualty compensation, meanwhile, this chapter will also systematically discuss and analyze the subject puzzles existing in the practice.Chapter Three mainly sorts out the legal relationship related to assignment crew casualty damage compensation claim, simultaneously, commenting on the practice, this chapter will also give a detailed analysis of a variety of circumstances when the shipowner undertakes the employer liability; and then discourses how to deal with the relationships of compensation for tort,employer liability,industrial injury insurance and commercial insuranceIn Chapter Four, On the basis of the interpretation of the basic theory of damages liability principle, liability for tort and employer's liability centering on the crew casualty damage compensation will be both described here.Chapter five does a comparative study on the property loss and mental loss of assigned crew, in which throw some doubt and reflection on certain phenomenon and dispute-solving ways in marine practice.Chapter Six mainly discusses the procedure issues in assigned crew personal injury damage compensation, the right of the crew is remedied through the jurisdiction-fixing; clear and definite the different law application among countries to get the corresponding effect between the fixed regulations and the flexible social perceptions; get the victim's claim implemented to the fullest and objectively compensate the victim precisely according to their extent of damage.