| With the development of transportation and operation at sea,cases of loss of life or personal injury at sea occurred continuously.The objects that loss of life or personal injury infringed upon are the health right and life right of natural person.These personal rights have certain particularities,i.e.these rights are the inherent rights and can't be separated with civil subjects.It is a trend for modern legislation to lay more emphasis on the protection of personal rights. Compensation to loss of life or personal injury is one of the remedies to the infringement of personal rights.However,at present,the laws of compensation to loss of life or personal injury at sea,which is an important part of tort and maritime code,are not perfect and exist some problems.The fact that the laws and regulations are numerous,jumbled,and even conflicting with each other,and especially that there are different compensation standards in different regions cause the confusion on the application of law concerning loss of life or personal injury at sea,and therefore the compensations are quite different because of the different application of law.This essay points out the problems existing in the system of compensational liability for loss of life or personal injury at sea,and, comparing with the related regulations on this issue in countries of developed navigation,presents the author's point of view on the improvement and perfection of application of Chinese law compensational liability,doctrine of liability fixation,proper subject,limitation of liability,and compensation of mental injury concerning of loss of life or personal injury at sea.The first part considers the basic legal questions of loss of life or personal injury at sea,including the concepts and definition of Loss of life or personal injury at sea.In the following part emphatically probes the doctrine of liability fixation and the proper subject of compensation for loss of life or personal injury at sea. Concerning the proper subject of the loss of life or personal injury at sea,it means who has the right to ask for compensation and who should be responsible for the injury.According to the present laws and regulations,the following 3 chapters discuss the detailed compensation scope,liability limitation and the compensations of mental injury on loss of life or personal injury at sea,and analyze some problems existing in the related laws and regulations.About the compensations of mental injury for loss of life or personal injury at sea,the writer think establishment of mental injury compensation system is a necessary means to protect citizen's personality interest.Based on the discussion in the above chapters,the last part comes to the conclusion and put forward some suggestions and advice to perfect the legislation of compensation for loss of life or personal injury at sea.The emphasis of this dissertation lays on the discussion of the proper subject and mental injury compensation for loss of life or personal injury at sea. The author hopes that the discussion and suggestions may to some extent be meaningful to perfect the legislation on the compensation for loss of life or personal injury at sea. |
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