Maritime Tort Personal Injury Or Death Damages For The Legal System

As an important component of tort law as well as maritime law, maritime tort laws and regulations of compensation for loss of life or personal injury at sea still have much room for improvement.The subject of this article is the legal system in respect of loss of life or personal injury caused by maritime tort acts at sea or in navigable waters or other particular places, in which the person liable is held to indemnify for physical or mental damages to the victims thereof.This article aims to work out a sound state for current laws, regulations and judicial interpretations of the supreme court on compensation for loss of life or personal injury at sea caused by tort acts by analyzing, comparing and summarizing the problems currently existed. That means, the writer does not limit to the basis regime of maritime code, instead extends to review the civil law statutory, rules and regulations etc. Honestly speaking, currently some provisions are neither detail nor uniform, especially on the scope of indemnity and on the limitation of liability.Particular importance is attached to《judicial interpretation of loss of life or personal injury at sea with foreign elements by the supreme court》effected in 1992. Thus the author put forward some personal opinions in terms of the perfection of the above mentioned regulation with an aim to safeguard the victims legitimate rights while keeping marine industry maintaining a sound and healthy growth trend.This article contains five chapters:Chapter one considers the definition as well as characteristics of compensation for loss of life or personal injury at sea caused by maritime tort acts.Chapter two probes both parties for compensation of loss of life or personal injury at sea caused by maritime tort acts.Chapter three analyzes the principles of liability fixing in terms of general tort act, special tort act as well as employers' liability.Chapter four focuses on the calculations of scope of damages for loss of life or personal injury at sea caused by maritime tort acts as well as the principles determining the contents of damages. Chapter five discusses mental loss concerned with loss of life or personal injury at sea caused by tort acts.