Sea Death And Injury Compensation Related Systems Research

Along with the improvement of economy and the enhancement of China's national strength, the transportation and operation at sea have developed fast. However, cases of loss of life or personal injury at sea keep cropping up. The object which loss of life or personal injury trespass on is the right to life and health. This kind of right has its own specialty: it's the inherent right to civil subjects and indivisible to it. Modern legislation lays more emphasis on the protection of personal rights and the remedy to infringement of personal rights. Compensation for loss of life or personal injury at sea is one type of remedy to infringement of personal rights.As an essential component of the law of torts and maritome law, compensation for loss of life or personal injury at sea hasn't been paid enough attention to by the civil law academic circle in respect of the theoretical area. Thus there is much drawback in current situation of legislation, showing in that the laws of compensation to loss of life or personal injury at sea are not perfect and have some problems.This essay will point to the problems existing in the subject system and present my own point of view. Instead of being confined to the research of maritime law, the article makes a comprehensive analysis on the rules and regulations relevant to the problem. Meanwhile, in order to show a clear and explicit recognition to the problem, the dissertation presents an integrated and systematic discourse upon this legal problem from aspects of the basic legal question, different circumstances under the doctrine of liability fixation of compensation, the limitation of liability for loss of life or personal injury at sea, both parties of compensation, spiritual damages when comparing to the correlative principle of civil law.The article has 5 chapters. The first chapter introduces the basic legal question concerning the loss of life or personal injury at sea. Chapter 2 presents detailedly the legislative authority and doctrine of liability fixation of compensation for loss of life or personal injury at sea and divides the doctrine of liability fixation into two groups: tort and breach of contract, focusing on the main disputes of Judicial Interpretation by the Supreme People's Court in 2003 occurred in practice and pose my ideas. Chapter 3 mainly emphasizes on the limitation of liability for loss of life or personal injury at sea and discuss the applications of maritme law,department rules and regulations and Rules of the Supreme People's Court on Trying Cases of Compensation for Damages for Marine Personal Casualties Concerning Foreign Interests.Chapter 4 concentrates on the two parties involved in a case of compensation for the loss of life or personal injury at sea in the process of discussing two relevant issues arised from practice. Chapter 5 focuses on the spiritual damages for loss of life or personal injury at sea. The last part is a conclusion, mainly providing several suggestions for perfecting the system of compensation for loss of life or personal injury at sea.The article resolves the practical legal problems by applying general theory of civil law as well as comparative analytical method, and present my points through the analysis of some hot cases together with our national state. To perfect the liability regime of compensation for the loss of life or personal injury at sea in China is essential both to the development of law and to marine judicial practice.