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Study On Legal Problems Of Compensation For Loss Of Life Or Personal Injury At Sea

Posted on:2007-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2166360182477577Subject:International Law
Abstract/Summary:PDF Full Text Request
Along with the development of transportation and operation at sea, cases of loss of life or personal injury at sea have become the popular cases in marine court. It is strongly proved by Judicial Interpretation by the Supreme People's Court in 2003 that modern legislation lays more emphasis on the protection of personal rights and the remedy to infringement of personal rights. However, there is much drawback in current situation of legislation, showing in that 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 compensation liability of loss of life or personal injury at sea, the problems of Judicial Interpretation by the Supreme People's Court in 2003 occurred in practice, scope of compensation and so on. This paper aims to renew the laws and regulations of compensation to loss of life or personal injury at sea and it attempts to seek out a due state for law on compensation to loss of life or personal injury at sea by analyzing and summarizing the problems of China's law and regulation of compensation for loss of life or personal injury at sea, which would maximally protect the legitimate rights of the victims under the principle of justice.Chapter 1 considers the basic legal question of loss of life or personal injury at sea. Chapter 2 focus on the present state and problems of the laws and regulations in China for compensation to loss of life or personal injury at sea and pose my ideas on the choice of law for compensation to loss of life or personal injury at sea. Chapter 3 emphatically analyzes the different circumstances under the doctrine of liability fixationof compensation for loss of life or personal injury at sea. Chapter 4 considers the both parties for compensation to loss of life or personal injury at sea. Chapter 5 concentrates on the new issues at the basis of Judicial Interpretation by the Supreme People's Court in 2003 and then put up my points. Chapter 6 discusses spiritual damages, for loss of life or personal injury at sea. Chapter 7 offers several suggestions for perfecting the system of compensation of loss of life or personal injury at sea.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 low and to marine judicial practice.
Keywords/Search Tags:Loss of life or Personal Injury, Scope of Compensation, Spiritual damages, Compulsory Liability Insurance
PDF Full Text Request
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