Liability For Maritime Claims System To Limit The Number Of Issues

To discuss and study the current issues in the Limitation of Liability for Maritime Claims, the thesis bases on the latest domestic laws and regulations in China, combines with the judicial practice in China, refers to the latest international conventions and foreign laws, and starts from the two perspectives of theoretical analysis and social practice. The author hopes the system can play its function fully in China.Though the Limitation of Liability for Maritime Claims has been studied by many domestic and foreign scholars, it is still necessary to make deeper discussion on the system as the system itself is very special and complicated. Meanwhile, along with the social development, many scholars begin to doubt the necessity of the system. The thesis will bring up its own opinion based on the large amount of materials and research.The first part introduces the Limitation of Liability for Maritime Claims, including its history, current status, concept and characters, etc.The second part discusses the components of the Limitation of Liability for Maritime Claims in detail, points out the flaws in China's current legal system by comparing the domestic law with the relevant international conventions and makes some suggestions.The third, fourth and fifth parts study the Limitation of Liability for Maritime Claims by comparing it with some important liability limitation systems in the maritime law field (i.e. the carrier's unit liability limitation under the bill of lading law and the liability limitation of the oil pollution on sea), in the hope of avoiding the misunderstanding and confusion in the theory and practice.The sixth part briefly introduces some other liability limitation system in the maritime law area for the completeness of the study.The seventh part compares the relation between the Limitation of Liability for Maritime Claims and the maritime compulsory insurance and points out their relation of promoting each other.The eighth part emphasizes on the legitimacy and trend of the Limitation of Liability for Maritime Claims in the world and brings up some suggestions on China's relevant legal system.