Study On The Procedure Of Limitation Of Liability For Maritime Claim

The procedure of limitation of liability for maritime claims is a legal procedure to protecting the legal rights of the person liable. Proving the procedure of limitation of liability for maritime claim is a better way to protect the benefits of the person liable. In chapter X. "Marine Procedure Law" has provided the procedure for the person to constitute the limitation fund instead of the procedure of limitation of liability. Some stipulation of the limitation fund is inadequate judicial practice. This paper introduces the general aspects of procedure of limitation of liability, analyzes the current legal provisions regarding limitation liability in china and then points out the problems in judicial resulted from the conflicts between the substantive law and the procedure law as well as the defects of the procedure law itself. The paper contacts the internal relation and structure through analysis the limitation of liability for maritime claims, then elaborates on the purpose and legal of limitation liability in accordance with relevant international conventions and then discusses on the roots of the problems mentioned above, and therefore on the grounds of analysis and reference of the corresponding legal provisions of other countries ,the paper puts forward certain suggestions of perfecting the procedure for limitation of liability for maritime claims of China.