Study On The Function Of Meeting An Emergency By The Captain In The Scope Of Maritime Law

With the problem of maritime navigation safety becomes increasingly prominent, the shipping practice from every country gradually pay more attention to the security and management of sailing in the sea. As the leader of a ship, the function of meeting an emergency performed by the captain relates to the safety of navigation of the whole ship. Captains who perform the function of meeting an emergency in a right way will play an important role when happens the illegal and criminal activities or dealing with the crisis faced by sailing the ship, especially when occurs the accidents that endanger the ships and the people in it with their property. Therefore, it is necessary to research in the function of meeting an emergency performed by the captains.This thesis centers on the performing of the function of meeting an emergency, trying to find the unreasonable part of the legislation and the problems facing in the practice, which learns from the relevant legislation from the other developed shipping country. The purpose of this thesis is to explore and improve the legislation of China. maritime law, and give the relevant legislative proposals.The first part is an overview of the function of meeting an emergency. The thesis will analyze its character and basic content on the basic of its mean and further analyze its reason of formation.The second part analyzes the deficiencies of the function of meeting an emergency in Chia maritime law from the nowadays legislation and the performing in shipping practice.The third part deeply summarizes the legislation from the developed countries, which receives the lessons from their legislation and gives the reasons of it.The fourth part summarizes the shortage of our legislation and the lessons from the developed countries in detail, which proposes advices of modifying the legislation of our country with the specific reasons.