Liability For Maritime Claims Limit The Number Of Issues

The limitation of liability should mean a law system that the liable person as shipowners, charterers, operators and other persons related are entitled to limit liability according to the law when a perils of the sea was occurred .It is a unique system of maritime law, which is a legal privilege given by maritime law to the shipowners, charterers, operators and other persons related. Its main purpose is to protect and irritate the development of shipping enterprises and international trade and so that the related enterprises in China could utilize the privilege to a full extent.Not only is the limitation of liability a public policy of International society, but it is a public policy of our country. Although there are much voice of critical to this system, it still exists which also proved that this system is not unpopular but is reasonable. Our country's legislation of limitation of liability is mostly refer to Convention on Limitation of Liability for Maritime Claims 1976 and set up the fund procedure of Limitation of Liability in our country's Special Rule of Maritime Litigation Procedure. Thereafter, our county's system of limitation of liability was founded either in substantiality or in procedure. Nevertheless, compared with the European and American countries, our country's legislation and study of limitation of liability is later, many problem come into being in our law applying practice of limitation of liability. This essay gives a deliberate analysis and study on these problems that comes from practice of the judicatory practices.With reference to a lot cases and relevant articles, this essay gives a dissertation on the scope of applying, the limitation subject to and except from limitation, the conduct barring limitation and the procedure and gives some suggestions on provision in China.