Damages Attributable To The Principle Of Maritime Personal Injury Or Death

In the modern society,many countries have paid attention to the activity at sea beacause of its important position in the international trade. However,while many countries has benefited from it, liability for loss of life and personal injury at sea arises. Healthy and life of right , as one of fundamental rights of the natural man , is the basis of enjoying all the other rights including ownership of property.Therefore, there is no doubt that it is the tendency for modern law to ensure the preferential position of human life value.Although there are lots of laws on loss of life and personal injury at sea,which never form a perfect system,but seperated in the laws , regulations and judicial interpretation in different levels and effects.Especially.there is not the united regulation about principle of liability ,which is the premise of diciding who should charge the liability for loss of life and personal injury. Principle of liability is the core of liability and commands the law on liability.The research object of this thesis is the principle of liability for loss of life and personal injury.On the basis of making a theoretical analysis of principle of liability,and I will discuss relevant articles of < General Principles of the Civil Law of the People's Republic of China >,< Contract Law of the People's Republic of China >and< Maritime Law of the People's Republic of China >,combining with administrative laws and regulations , branch regulations and judicial interpretation made by Supreme People's Court from two clues of transversely and vertically.This thesis consists of four chapters:The first chapter analyses the relation between Maritime Law and Civil Law in order to explain that analysing the principle of liability for loss of life and personal injury at sea should be accord as the relevant principle in the civil law.Meanwhile,the concept of loss of life and personal injury at sea is defined formally and materially.At last,I will point out the characteristic of loss of life and personal injury at sea must be considered.The second chapter analyses the system of principles of liability in the civil law , introduces the definition, function and legal values of liabilities of fault ,non-fault and equity.Furthermore,this chapter focuses on the system of principle of liability ,comparing with the relevant in foreign countries.The third chapter introduces the characteristic of contract on carrige of goods and passengers by sea.collision between vessels and marine towage contract,discussing our present laws ,practice in foreigncountries and international convention in order to create the proper pinciple of liability.The fourth chapter focuses on the loss of life and personal injury at sea happening among the persons who have the special relations, the key to choose the principle of which is making the ralation among persons clear and practising the theory in the civil law.The last part makes a conclusion on the principle of liability for loss of life and personal injury at sea.