Restrictions On Chinese System Of Liability For Maritime Claims

The core content of this paper will use a keyword indicates that the limitation of liability for maritime claims system, it is a special system in maritime law, is the law entrusts with the relevant responsible persons have a special rights. It is different from the civil law tort damages in accordance with the fault of all or part of the responsibility, but within a certain limit of liability provisions can be the law to bear the liability for damages, which had imposed restrictions on the liability for damages. It is also because of the special nature of such that the system is always accompanied by pushing and damaged people responsible person continues to oppose the two extreme opposition sound development, growth, and gradually accepted by each shipping country. Our country has rich marine resources has also led to the development of marine transport has become widely used mode of transport, and gradually establish a maritime nation status. The marine transportation is generated by the maritime compensation problem. Limitation of liability for maritime claims of China will emerge as the times require. This paper is based on domestic and foreign relevant articles and international conventions and domestic legislation of limitation of liability for maritime claims on the basis of comparison, the oil by the Gulf of Mexico oil spill in the Gulf of Bo hai and the limitation of liability for maritime claims, summarize some problems, in this paper, paper. Based on reference to the United States and other countries and the relevant international conventions legislation, in China’s maritime law relating to the subject of limitation of liability, limitation, the right of limitation of liability, limitation of liability and the condition of loss amount, limitation of liability provisions of procedure and other aspects of the analysis, put forward suggestions; and through some typical cases, for special problems in the judicial practice to seek settlement way.