A Study On Some Legal Issues Relating To Ship Collision

"Ship Collision" is always the hot point for the shipping circles and maritime judicial administration. Although the International Maritime Organization and the relevant shipping countries have worked out series international conventions and national laws and regulations with relation to claims for loss of or damage to property resulting from ship collision, legal problems, fact investigation and judicial procedures resulting from ship collision in judicial practice have often made the marine circles and maritime judicial authorities puzzled. It is therefore quite necessary to make a study on the relevant legal issues relating to ship collision.Ship collision is the sole cause that results in claims for loss of or damage to property in ship collision and the relevant legal issues mainly include:(1) Determination of collision facts, i.e. collection and investigation of evidence, distribution of burden of proof, certification etc.;(2) Confirmation of collision liability, i.e. determination and proportion of collision liability;(3) Determination of collision damage, including loss of or damage to property, death of or injury to life as well as damage caused to thirty party;(4) Basic principle for liability for damage by ship collision; and(5) Legislative rule and regulations as well as calculating methodology relating to ship collision liabilities etc.This paper has, with the methodology of analytical comparison and theory with practice, made comprehensive comparison and analysis of the legislation and judicial practice both at home and abroad, and has made some effective suggestions for the relevant legal issues in ship collision cases.The main task of the author of this paper is to make systematic conclusion for the relevant legal issues relating to ship collision and to study and identify the problems appearing in maritime judicial practice in order to provide effective help to settle the disputes in ship collision cases.