On The Principle Of Imputation And Liability Parties Of The Liability Compensation For Ship Allision

The liability of compensation for ship allision, especially the principle of imputation as well as the liability parties, is a core issue of ship allision law. There is deficiency in Chinese ship allision law, for instance lacking of an integrated legal system and inconsistence in juridical practice. The dissertation studies from the reality of ship allision, on the focus of initiation of proceedings by the party of installation or obstruction, based on national legislation and juridical practice, sustained by the theory of tort law, refer to the academic achievement researching on ship allision law from China and broad, in order to give suggestions and proposals of establishing and perfecting ship allision legal system.The dissertation consists of three chapters with the main contents as follows:The first chapter "The Outline of Ship Allision", discusses the issues about legislative and juridical practice, illustrates the elementary concepts relating to liability of compensation for ship allision, and analyses the legal application, definition, constitutive requirements and characteristics of ship allision.The second chapter "the Principle of Imputation of the Liability Compensation for Ship Allision", starts with the illustration of basic theory of the principle of imputation of liability compensation in tort law, reviews the different perspectives about the principle of imputation of liability compensation for ship allision, and then demonstrates the reasonableness of applying doctrine of presumption for ship allision.The third chapter "the Liability Parties of Compensation for Ship Allision", ascertains the liability parties of compensation in accordance with national law, and analyses the problems and disadvantages of existing legal system of the liability compensation for ship allision. On the basis of domestic legislation and successful juridical experiences, the chapter judges the liability parties of compensation for ship allision with two doctrines.In the conclusion of the dissertation, several suggestions and proposals for the legislation of allision system have been listed, after the discussion about existing problems of compensation for ship allision.