The Analysis Of The Pilotage's Responsibility

Our country's laws divide pilotage to compulsory pilotage and exempt pilotage . compulsory pilotage formulate all foreign vessel to apply compulsory pilotage when the vessel sailing in the compulsory area ,alongside the berth,leaving the berth and shifting the berth. compulsory pilotage is a symbol of our country's sovereignty. It is a administrative action. Exempt pilotage is a agreement between the ship's owner whose ship must hang Chinese flag. It is a contract. Our country's law formulate that when the ship's damage was caused by the pilot's faults, the pilot and the pilot station would not pay for the damage. Our country's law doesnot set apart the different between the compulsory pilotage and the exempt pilotage. But because of the difference between the compulsory pilotage and the exempt pilotage in status, character and responsibility, the writer believe that the formulation that the pilot and the pilot station doesnot pay for their faults is not suit for the exempt pilotage. The exempt pilotage should suit the contract law and the civil law. It formulate that the pilot and the pilot station should pay for the damage of their faults. This essay narrated the history, status, character, and the responsibility of the compulsory pilotage and the exempt pilotage. The article also analyzed the character of the compulsory pilotage's sovereignty and the character of the exempt pilotage's contract. The writer also analyzed the responsibility of the compulsory pilotage and the exempt pilotage. But to protect the pilot and the pilot station, the law should formulate a system to reduce the responsibility of the pilot and the pilot station. At last the article discussed the exempt pilotage's protection.