The Study On The Liability Of Compensation For Ships Collision

The liability of compensation for ships collision is the main part of ships collision law, and also the core issue of ships collision law. The dissertation study on the topic of the liability of compensation for ships collision, sustained by the theory of tort law, based on our nation legislation and juridical practice of ships collision, learn from oversea advanced experience of legislation, refer to the academic achievement researching on ships collision law from home and abroad. On the basis of above, the dissertation conduct comprehensive, theoretical and systematic study on concept, the principle of imputation, collision fault, causation, responsible party, damage compensation of ships collision. Aiming to existing problems and shortcomings of component of the liability of compensation for ships collision, the dissertation put forward suggestions and proposals of amending and perfecting, in order to promote institution building of our nation legal system of the liability of compensation for ships collision.This dissertation consists of five chapters with the main contents of each chapter as follows:Chapter 1 "The Outline of Ships collision and the Liability of Compensation for Ships collision ", illustrates the elementary concepts and theoretical issues relating to the liability of compensation for ships collision, such as the concept of ships collision, the tort of ships collision belongs to which type in tort, the legal characteristic and classification of the liability of compensation for ships collision, etc. The chapter especially analyses the exsiting problem about the concept of ships collision defined in the Martime Code of the People's Republic of China, and put forwards the proposals to amend and perfect the concept of ships collision in the Martime Code of PRC.Chapter 2 "The Principle of Imputation of the Liability of Compensation for Ships collision ", starts with interpreting the basic theory of the principle of imputation in tort law, reviews the different academic views about the principle of imputation of the liability of compensation for ships collision. On the basis of above,it demonstrates reasonableness of applying the fault liability principle for ships collision according to the rules of international convention and different national law of ships collision. It reviews and evaluates the history and legal basis of the principle of in proportion to the extent of its fault in liability of ships collision, and compares it to the related legal systems.Chapter 3 "The Fault of Ships collision", analyses the concept and characteristic of ships collision, demonstrates the rule of statutory presumption of fault and the rule of factual presumption of fault as the special rules of ascertaining the fault of ships collision. The chapter emphasizes the rule of factual presumption of fault, considers that it is one of important means to determine the fault of ships collision, and holds that the rule and its conditions applicable of factual presumption of fault should be stipulated in legislation of ships collision in our nation. On the basis of analysing and benchmarking the criterions of judging fault in tort law, sums up the general criterions and special criterions of judging fault in ships collision.Chapter 4 "The Causation of the Liability of Compensation for Ships collision", demonstrates the fundamental problems of causation of the liability of compensation for ships collision, such as its concept, characteristic, cause and result, function, etc. It learns from fundamental theory and research findings of causation in tort in two legal system, especially Anglo-American Legal System, applies the mode of dichotomy researching of causation in fact and causation in law, combining its criterions of judging causation, to analyse the causation of the liability of compensation for ships collision. It expounds how the intervening clause to affect the causation of the liability of compensation for ships collision. On the basis of above, it analyses the exsiting problems in the course of ascertaining the causation of the liability of compensation for ships collision, and put forward the proposals to perfect the causation theory of the liability of compensation for ships collision in our nation.Chapter 5, "The Liability Party of Compensation for Ships collision", analyses and reviews the problems and disadvantages of exsiting legal system of the liability of compensation for ships collision to ascertain the liability party combining the rules of international convention and nation law to ascertain the liability party of compensation for ships collision. According to actual legislation about the liability of compensation for ships collision in our nation, learning from successful legal experiences about how to ascertain the liability party in the law of ships collision in England and Canada, and in the interest of perfecting the legislation of the liability of compensation for ships collision in our nation, this chapter believes that ascertaining the liability party of compensation for ships collision should follow three principles, including the principle of vicarious liability, the principle of controlling and managing ship and the principle of doing one's duty. Using three principles, the chapter analyses and judges who will become the liability party when ships collision happen in shipping. Finally, the chapter analyses the exemption of the liability party according to the law of ships collision.