Study On The Impact Of Departing From The Rules To Liability Identification Of Ship Collision

The problems of ship collision liability identification in the judicial practice are complex.A small difference of liability proportion has huge impacts on both sides.A general review of the development of ship collision law,every country focuses on refining the liability proportion of ship collision.This paper regards the impact of the collision liability recognized by departing from the rule as a cutting point.Through comparative studies and case analysis methods,to analysis this type of accident.Apart from the introduction and conclusion,the total consists of four chapters:The first chapter includes the overview of ship collision liability recognized,mainly from the concept to the ship collision and collision liability identified.Firstly,analysis the concept of collision under Chinese law and international conventions,and the two are compared.Secondly,the basic issues of collision liability recognized are discussed.The second chapter firstly,expounds the evolution of departing from the rule Secondly,the nature of the "1972 International Regulations for Preventing Collisions"were basically determined,followed by the connotation of departing from the rule is analyzed in-depth.finally rules in the terms may be depart from are analyzed.The third chapter according to the studies of navigation practices and related terms in the" 1972 International Regulations for Preventing Collisions" expounds departing from the rule is suitable or not in every different stages of the ship encounter situation.And this chapter expounds the level of negligence in every different stages of the ship encounter situation when the sailor takes action to avoid collision by departing from the rule.The fourth chapter takes out some suggestions on how to identify the negligence and causation refer to departing from the rule in the judicial practice.This chapter also combine the Comparative negligence rule expounds the impacts of departing from the rule suitable or not.Finally,author of the paper hopes departing from the rule is used suitably in the judicial practice.