Study On The Liability Subject Of Ship Collision During The Bareboat Charter Period

This thesis takes the application of the liability subject of ship collision during bareboat charter period.By analyzing the relevant provisions of the current law and judicial interpretation,and then pointing out its existing problems,combining with the general principles of tort law and foreign legislation,we can draw the right conclusion.This thesis is divided into three chapters.The first chapter is an overview of the liability of the ship collision problem.First,it's clear that the "ship" under CMC can't become the true liability subject of ship collision.To determining the right liability subject of ship collision,we should realize that it's the human.According to the theory of tort law,we need to adhering two principles:the principle of manage and control of the ship,the principle of vicarious liability.And then explain the relationship between them.The second chapter is the specific analysis of each liability subject of ship collision during bareboat charter period.At first,based on the modern shipping practice and legal provisions in our country,combined with related legislation of foreign country,we can draw the conclusion that the subject liability of ship collision under bareboat charter period can be divided into 4 parts:shipowner,bareboat charterer,ship operator and ship manager.Then,according to the two principles of the first chapter,the four subject are analyzed respectively.We can determine the status of these four subject in ship collision and the situation when they need to take responsibility.At last,it is important to distinguish the relationship between the four subject,both to determine the problem of responsibility sharing among two or more subject,and draw the conclusion that these four subject can not be joint and several obligation.The third chapter is recommendation for the improvement of legislation.From the above analysis we can found shipowner are not the subject liability of ship collision under normal circumstances.This might lead to the problem of evasion of law.In order to solve this problem,the feasible method is expanding the liability of ship collision of shipowner under the bareboat charter period.First,refer to the German system of indirect infringement litigation system,and the system of action in rem in the United States,in the spirit of reasonable absorption of these systems at the same time,combined with the legal basis for tort liability law,we can make suggestions to both substantive and procedural law of China's legislation.