The Research Of The Subject Of Maritime Tort Law

Once a marine tort case happens, what the law faces is how to share the loss among the parties. So the question which the marine tort law need to solve first is who should take on the tort liability and who are entitled to claim damages, consequently, it refers to the subjects of marine tort law. When research marine tort legal relationship, we must start with the subject of law in logic. Furthermore, only the subject of the right and the subject of the liability in marine tort law are certained, can the plaintiff and defendant in proceeding be certained.First, apply the basic theory of jurisprudence and civil law, this article analyzes the conception and characteristic of the subject of marine tort law, researches the general constitutive requirements of subject of the right and subject of the liability. Then, consulting domestic law, international convention and foreign advanced legislation, concretely discusses subject of the right and subject of the liability in threekinds of marine tort--collision of ships, maritime pollution and maritime personalinjury and death. Also, particularly analyze a nation's legal status as a special subject of marine tort law.The author considers the values of marine tort law is to protect maritime environment and attach importance to human life, so the category of claimant in maritime pollution and maritime personal injury and death should be enlarged. Moreover, the special marine risk makes the subjects of the liability of marine tort law show ampliative tendency. For separate the special marine risk, except the acting party in marine tort law who bear the first step liability, the insurer and the fund become the subjects of liability of marine tort law in the second step.