Study Of Imputation Principles Of Ship Collision

It is acknowledged that fault liability, no-fault liability and equity principle have been a strict system. As a representative tort in the maritime law, the ship collision is always being applicable to the fault liability in our country. But with the development of maritime transport and the establishment of the no-fault liability and equity principle as well as the Tort Law of the People's Republic of China which was enacted newly in 2010,only applied to the fault liability couldn't be satisfied with the development of the complicated cases of the ship collision. It is indispensable to draw into the no-fault liability and equity principle.Undoubtedly, the fault liability is still the leading imputation principle in the ship collision.The dissertation is composed of five parts.Chapter 1 mainly introduces the definition and constitution of the ship collision. And the definition of fault liability, no-fault liability and equity principle as well as the system of the imputation principles are also be introduced in this part. The article is mainly analyzed to center on this system.Chapter 2 introduces the application of the fault liability in the ship collision and also analysis who should be responsible for the fault,how to determine the fault. The rationality that the imputation principles of the ship collision applied to the fault liability is be analyzed by the method of law and economics.Chapter 3 introduces the conditions of the no-fault liability and equity principle. And also listes the application of them in ship collision.It is feasible and reasonable for them to be applied into the ship collision.Chapter 4 introduces the imputation principle of collision. Collision belongs to the general ship collision and it can be applied to the chapter 8 of China Maritime Code. So the part introduces that collision is applied to the fault liability while analysis the advantageous and disadvantageous of it.Chapter 5 introduces the imputation principles of the other maritime torts which are caused by the ship collision. For example, the marine pollution and loss of life or personal injury. This part also clarifies the boundary of them and analysis the imputation principles of them.