A Study On Basic Theoretical Issues Of Causation Of Maritime Tort

This paper is focus on basic theoretic issues of causation of maritime tort. The causation is a part of the maritime tort, and also a coral part of the maritime tort law. It is a very important and urgent issue of studying on the basic theoretic issues of causation of maritime tort at the field of maritime code of PRC. This paper is researched by methods of jurisprudence, comparison and overall comprehension, and analyzed by statutory laws and cases.In addition to the part of Introduction and the Conclusion, this paper consists of five chapters. Chapter I deals with the definition, characteristics and categorization of the causation of maritime tort after a clear demarcation of the maritime tort and causation of philosophy. Chapter II researches the methods of affirmation procedure compared between the Anglo-Saxon Law system and the Continental Law system and discusses some theories of the causation of maritime tort. Chapter III analyzed the causation of maritime tort when confused with some intervening causes such as a third party's action, the vice characteristics of the injuried party and natural accidents. Chapter IV focus on the proof of the causation of maritime tort such as the presumption of causation and the balance of probability rule of it. Chapter V sets out some specific recommendations with a view to further improving the provisions on the causation of maritime tort.