| Cruise, as newly sprouted thing, promotes the prosperity of cruise industry. In the meantime, the development of cruise industry exposes the gap and the dilemma of legal regulation. The law of this area is difficult to be strictly observed and most of times there is no legislation at all. Although there are two features of cruise, transportation and tourism, the core function of cruise is still the transportation. This article mainly concentrates on legal issues from the perspective of traditional transportation law. The study result is based on the theory of jurisprudence, maritime and admiralty law and economic analysis of law. Generally speaking, the first aim of paper is to identify issues in cruise legal regulation according to situation and practice in China, the other one is to explore the ways to solve issues mentioned above by comparing the advanced legislation experience of Unites States.Besides conclusion parts, the contents of this essay may be divided into six chapters. The first chapter defines the background, significance and study status of this topic are discussed in the introduction part. In the end of this paper is the conclusion of legal advices of legislation about issues in the cruise transportation.The second chapter defines relevant concepts and legal issues of cruise. Based on narrow definition of ship, this paper puts forward a general concept of cruise, which includes transportation and tourism and the former is the core of cruise. Besides, this chapter defines the study scope of this article.The third chapter analyses the nature of contract between cruise and passenger. The cruise contract is different from contract of carriage of passengers by sea and the general contract of tourism. The cruise contract is a hybrid contract of carriage of passengers by sea and tourism. The legal responsibility and rights of carrier and passengers under cruise contract are diverse from other transportation contract or tourism contract.The fourth chapter shows carrier’s legal duty in the aspect of seaworthiness and pollution prevention, and carrier’s vicarious liability. The duty of carrier should be regulated by public law and private law. This chapter will mainly focus on the duty of seaworthiness by manning qualified surgeon, the expansion of subject of vicarious liability, period of responsibility of carrier and the evolution of Himalaya Clause. To achieve the parity of authority and responsibility and green transportation, carrier should undertake the duty to prevent pollution under public law. The rights and interests of passengers should be protected under transportation law.The fifth chapter deals with the protection and regulation of rights and interests of passengers. Firstly, the arrest of cruise ship may cause damages to innocent passengers. Although it’s legal to arrest the cruise ship under international convention of arrest, it’s not right to ignore the protection of interests of cruise passengers due to the unique features of cruise transportation. It’s necessary to find a better way to solve this issue. Furthermore, to achieve the equity of law, it’s also important to avoid unjustified expansion of rights and interests of passengers. Occupation of cruise ship is an illegal way of protecting rights. This chapter provides legal suggestions to solve this issue by illustrating the illegal nature in jurisprudential, private law and public law aspect and identifying root cause of this phenomenon.The sixth chapter demonstrates the supply of cruise ship. Given the empirical analysis of practical situation in China, cruise ship supply industry didn’t promote port economy as it should be. This chapter aims to give legal suggestions to achieve healthy development of cruise ship supply industry. |
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