Research On Legal Problems Of Civil Responsibility Of Ship Collision

All the time, ship collision of civil liability are navigation practice boundary and maritime law concerned hot issue. Although international organizations and countries to solve collision civil responsibility to create a series of international conventions and laws and regulations, but various problems arising from the still bothering maritime boundary and maritime law. Therefore, the ship collision and civil liability of legal issues related research has important theoretical and realistic significance.In this dissertation, the ship collision civil liability research is not meant to be exhaustive, but with the basic theory of tort law for principle, legislation and judicial practice as the core, to realize civil damages from the start, focusing on the main responsibility of the collision, the principle of liability fixation, the damage compensation, judicial jurisdiction applicable law and legal issues, such as, to the ship collision civil liability this project for system, deep research, and in view of the current our country civil liability of collision in the existing problems and the insufficiency, put forward revision opinion and the suggestion, to formulate and perfect our country’s ship collision civil responsibility legislation provides some theoretical basis and reference.This dissertation is divided into six chapters.Chapter Ⅰ is the general description of ship collision civil liability overview. This chapter covers ship collision connotation of the concept of extension, the components of the collision of ship collision, the civil liability of the concepts and classification, etc, to the article involves the basic theory is discussed. At the same time, combined with specific cases, focus on the concept of collision in the dispute are analyzed, concluded that "ship collision" conception should be the connotated and denotated into two parts constitute, among them, the "ship collision" connotation is the collision convention article1and our country "maritime law" the165th regulation content, extension is1910"collision convention article13and our country" maritime law "the170th regulation content, connotation and denotation together form the integrity of the concept of collision.Chapter Ⅱ states ship collision damage compensation responsibility main body. According to our country in the ship collision civil responsibility legislation practice, combined with Britain, Japan and other countries successful legislative experience, and puts forward some main body of ship collision civil liability of the three principles, namely responsibility principle, the vicarious liability principle, the management and control of the ship principle, based on the above principle of ship collision liability subject analysis and decision, made clear that the owner, demise charter, the operator of a ship and other kinds of responsibility main body take collision liability standard and principle, and the legislative and judicial practice problems were put forward the opinion of the revised and perfected.Chapter Ⅲ studies ship collision civil responsibility imputation principle.This chapter from the general tort imputation of principles of imputation of meaning, imputation principle, the imputation system in system are analyzed and studied. Then, combined with the international conventions, in China and other countries and regions in foreign legislative regulations, to the ship collision with general tort imputation characteristics and special tort characteristics, this paper analyzes our country ship collision civil responsibility imputation principle should adopt the principle of fault liability, and focus on the analysis of ship collision unique "scale fault liability principle". Furthermore, introduced alone of ship pollution imputation principle and establish reason.Chapter Ⅳ analyses ship collision damage, including the compensation extent. From the analysis of this chapter collision damages to the basic theory of the compensation for damages of collision of the concept, legal characteristics, the parties, the compensation principle of interpretation, and according to the combined with international convention as well as the relevant national law collision damages provisions, in view of the ship total loss, ship partial loss compensation for personal injury and three kinds of cases, respectively expounds ship collision damage scope of compensation and compensation calculated.Chapter Ⅴ explores ship collision jurisdiction and the applicable law. This chapter mainly from the first quarter of ship collision jurisdiction concept, jurisdiction exists positive conflict reason and solve the conflict of jurisdiction should follow the principle of ship collision jurisdiction to carry on the detailed analysis and evaluation. The second quarter from the international law and domestic law, the relationship between the international law in our country domestic practice of our country, the paper reviews the law applicable to foreign ship collision, and the main problems is the high seas collision, agreement jurisdiction to wait for a few kinds of special law applicable to foreign collision problems are discussed in this paper.Chapter VI provides some suggestion on how to perfect our ship collision legislation system. This chapter discusses the collision legislation present situation and the necessity of the modification, the definition of the concept in the collision of ship collision, and the main responsibility of the applicable law and so on related legislation in our country put forward the concrete revision opinions.