On The Responsibility Of The Sea Captain To Exercise The Police Power And Legislative Suggestions

Marine transportation is one of the most important means of transportation in international trade since the ancient times. The trend of economic globalization promotes the international economic and trade exchanges becoming more and more frequently. As its the most important modes of transportation, marine transportation develops fairly rapidly. However, due to its long distance and time of transport or some other reasons, marine transportation really has greater security risks and uncertainties. When the ship sailing at the seas, it is in a relatively closed space, if the criminal case occurs in the ship, or events, which endanger the safety of the ship and the ship personnel, asking for help of registration country or any other countries to control and supervise the ship immediately is not realistic. By this time, it is necessary for the captain to play the role of the police and exercise the police power of the captain to protect the ship and the crew’s life and property safety. Therefore, as the starting point of research, the author will study the police power of the captain, explore the research status of the police power of the captain, compare to learn foreign legislative provisions and experience, analyze and study the feasibility when the captain exercise the right illegally and make a damage consequence applies to the state compensation system.This paper consists of three sections:The first section introduces the police power at the beginning, then discusses the definition of the police power of the captain. Secondly, the author clears the legal basis, elements and characteristics of the police power of the captain. Thirdly, the author presents the limiting conditions when the captain exercises the police power. At last, in the light of different scholars to the police power of the captain belongs to what kind of power, there are three types of comparative analyses, the author will put forward the viewpoint of this paper.The second section discusses different two kinds of tort liability of the police power of the captain. Meanwhile, the author analyzes whether the different two kinds of tort liability of the police power of the captain applies to the state compensation system,and makes an affirmative conclusion to answer to the above question. Finally, the author analyzes the reason why the captain exercises the police power illegally and try to find out countermeasures.The third section points out the current legal provisions about the police power of the captain according to civil law countries and common law countries. Moreover, the author compares and analyzes about the police power of the captain in our country by law and put forward some great proposals and useful reference to improve tort liability of the police power of the captain in legislation for China.