On The Tort Liability For Negligence Regarding Ship Collision

With the prosperity of the foreign trade and the development of the shipping utility, ship tort accidents or behaviors constantly emerge and tort damage becomes more and more serious, especially ship collision. In each collision both sides may suffer grievous losses or even face bankruptcy. Thus, every country in the world makes a detailed regulation of ship collision in legislation. After ship collision, what the parties concern most is which party should bear the responsibility and how heavy the responsibility is because in most cases of ship collision both parties may have certain negligence. Therefore, in the hearing of the cases, what should be ascertained first is which party should bear the responsibility, and how heavy the responsibility is. After this, the calculation method of the damage compensation and the amount of the compensation will be involved. Therefore, determining the negligence reliability in collision tort is very important and this article will probe into this issue. The thesis consists five chapter.Chapter One, Introduction . It mainly discusses some basic issues in ship collision law, including the range of ship, the definition of ship collision and the development of ship collision law.Chapter Two, The Fault Reliability Rule of Ship Collision Tort . It first discusses the historical development of the fault reliability rule in tort law and its establishment. Then, it introduces the different fault reliability rule stipulated by different countries in different periods and points out its merits and demerits.Chapter Three, The Cause-effect Relation between Ship Collision and Damage Outcome. The cause-effect relation is the conjunctive point between fault in tort behavior and damage outcome. If the behavior is faulty, but there is no cause-effect relation between the behavior and the damage outcome, then no civil liability will be borne. This chapter first introduces the theories related to cause-effect relation, then demonstrates the major forms of cause-effect relation in ship collision by real cases and at last discusses the essential relation between cause and effect in ship collision.Chapter Four, Damage Compensation in Ship Collision . Although damage compensation is not the main purpose, it is the major even the only way of bearing the civil liability by the troublemaker. Besides, it can also give the sufferer certain compensation. This chapter mainly discusses the basic problems of damage compensation, including the legal properties and basic principles of damage compensation.Chapter Five, The Legislative Trend of Ship Collision and the Perfection of the Legislation in Our Country . This chapter discusses the trend of international maritime legislation by beginning discussing the developmental features of maritime risks and points out the inadequacy of the current legislation in our country, and them submits some amendments to the legislation. It is hoped that these amendments may contribute to our country's maritime legislation.