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Sea Personal Injury Compensation System

Posted on:2008-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ChengFull Text:PDF
GTID:2206360242969678Subject:International Law
Abstract/Summary:PDF Full Text Request
Along with the development of transportation and operation at sea nowadays, cases of life or personal injury at sea keep cropping up. Meanwhile, the lofty cause of human rights has caught increasing attraction of the people in the world. Under the circumstances of the continuous progress of human rights made by efforts of the governments and people of all countries, paying great attention to the rights to subsistence and health shows a government's great concern about the human rights issue. Since carriage of goods by sea is a global industry, the relative laws embody the completion of a country's human rights cause.Maritime Law is a part of Civil Law. Therefore, cases of loss of life or personal injury at sea should be judged in consistence with the basic principles and regulations of the civil law. However, Maritime Law is also a special department. It's also true that the cases of loss of life or personal injury at seas have their particularity. It is defined as liability the party undertakes for injury to or death of a person or persons as a result from any accident occurred in maritime activities.The other special feature of loss of life or personal injury at sea is that our country doesn't have an comparably complete legal system in this field, thus bringing about some difficulties for these kind of cases. This will not facilitate the realization of justice and efficacy of the judicature.The article has 4 chapters. The first chapter introduces the conception and the features of loss of life or personal injury at sea. Chapter 2 presents the doctrine of liability fixation of compensation for loss of life or personal injury at sea and has some suggestion provided for the Chinese ship owners for their practices in harbors of the U.S.A to prevent the trouble concerning injury or loss of life happened to stevedores. Chapter 3 mainly focuses on the status quo and the existing problems of our legal system and regulations relating to the compensation for loss of life or personal injury at sea. Chapter 4 briefs on the indemnity for mental damage in this field. In conclusion, the fourth chapter makes a summary and puts forward some proposal for improving the legal system regulating compensation for loss of life or personal injury at sea.The article makes a research on the issue of the legal system of compensation for loss of life or personal injury at sea in our country by mainly emphasizing on the judiciary justice as well as integrating some cases judged at home and abroad. It is of great significance to improve and complete the legal system of compensation for loss of life or personal injury at sea under the circumstances of the development of both human rights cause and the navigation industry in our country.
Keywords/Search Tags:loss of life or personal injury at sea, doctrine of liability fixation, scope of indemnity, judiciary justice
PDF Full Text Request
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