A Study On The Liability Regime For Compensation For Loss Of Life Or Personal Injury At Sea

Along with the development of transportation and operation at sea, cases of loss of life or personal injury at sea occured continuously. The objects that loss of life or personal injury encroaches on are the health right and life right of natural person. These personal rights have certain particularities, i.e. these rights are the inherent rights of civil subject and can't be separated with the subject. Modem legislation lays more emphasis on the protection of personal rights and the remedy to the infringement of personal rights. Compensation to loss of life or personal injury is one of the remedies to the infringement of personal rights.But at present, the laws of compensation to loss of life or personal injury at sea are not perfect and have some problems. This essay will point to the problem existing in the system of compensational liability for loss of life or personal injury at sea and present my own point of view on the perfection of application of Chinese law to compensational liability of loss of life or personal injury at sea, doctrine of liability fixation, scope of liability and limitation of liability.Chapter 1 considers the basic legal questions of loss of life or personal injury at sea, including the concepts and definition of loss of life or personal injury at sea, the status quo of relative legislation and the problem existing in it. Chapter 2 emphaticly probes the doctrine of liability fixation of compensation for loss of life or personal injury at sea. Chapter 3 focuses on the principles determining the contents of damages, calculation of scope of damages for loss of life or personal injury at sea. Chapter 4 discuses spiritual damages for loss of life or personal injury at sea. Chapter 5 puts forward some suggestions to perfect the legislation of compensation for loss of life or personal injury at sea.The author use the theory of civil law and the method of comparative analysis to solve the foresaid complicated legal questions. The author put forward some opinions and put forward suggestions to perfect relative law.The emphasis of this dissertation lays on the discussion of the relationship between compensation to loss of life or personal injury at sea and various insurance compensation; the provisions of maximum amount of compensation for loss of life or personal injury contained in the judicial interpretation by the Supreme People's Court should not be applicable any more.To perfect the liability regime for compensation for loss of life or personal injury at sea in China is necessary both to the development of law and to marine judicial practice.