Conflicts & Coordination In Maritime Torts Joint And Several Liability & Limitation Of Liability For Maritime Claims

With the function of sea increasingly devalued, shipping and other Marine economic activities are more and more important in human social and economic life, which raise frequent maritime torts. These accidents have caused a large number of maritime property damages and person casualties and have polluted marine ecology. These maritime tortuous actions, many of which are not caused by unilaterally infringement, arises joint and several liabilities for compensation. At the same time, as a result of applying the limitation of liability for maritime compensation, the system of joint and several liability is more complicated.In this paper, the author analyzes conflicts and coordination in maritime torts joint and several liability liability and limitation of liability for maritime compensation with the methods of empirical analysis and comparative analysis. Excluding preface and conclusion, this article is constituted of four chapters:The first chapter defines concept and characteristics of the system of joint and several liability on the basis of the legal elementary theory for this system. Also, the paper compares the traditional theory of civil law with"Tort Lawof the People's Republic of China", and points out the concept, forms and the basic content of Chinese current maritime tort.In the second chapter, the dissertation sets a minute calculation of the limitation of liability for maritime claims including Chinese present various laws and regulations and the international conventions. On this basis, the paper studies the conflicts in maritime torts joint and severa liability and limitation of liability for maritime compensation with case analysis.In the third chapter, in reference to international mainstream procedure, supposing a case, the dissertation gets four kinds of solutions for conflict resolution. Comparing the pro sides with the con side, the paper analyses these ideas separately.The paper makes a choice from the point of legal value, and proposes a view to coordinate the conflicts between joint and several liability and limitation of liability for maritime compensation with several problems caused by the foregoing four different solutions further studied in the fourth chapter.