Research On Legal Issues Of Public Service Ship Collision

As a special type of ship,public service ship has a special legal status and plays an important role in maintaining a country's territorial sovereignty,maritime rights and interests as well as maritime order.In recent years,public service ship collision has taken place in East China Sea and South China sea frequently.Therefore,it has become a hot issue recently.It is still ambiguous to apply law and handle when a collision occurs between a public service ship and a common ship during the exercise of public functions,since neither relevant international conventions nor Chinese Maritime Law has clear rules in order to solve this legal problem.Chinese Maritime Law does not adjust the legal relationship involving ships that have public and governmental functions.Other countries and regions also have different rules.Some countries' domestic maritime laws do not deal with the disputes in relation with public service ships,while some countries have domestic maritime laws applies on the collision in connection with public service ships.The situation becomes even more complex when public service ships of a nation collide with foreign ships.Therefore,public service ship collision has a research value in both theoretical and practical significance.This article will concentrate on analysis and research of relevant law issues of public service ship collision based on the considered circumstances of public service ship collision,hoping to provide a relatively reasonable solution to public service ship collision.This paper is divided into five parts:The first chapter is an overview of public service ship collision,including the definition of public service ship,introduction of the meaning of ship collision and public service ship collision and an analyze on the current situation international conventions and other countries' legislation about public service ship collision.In the second chapter,I will talk about the state immunity issue of public service ship collision.The third chapter is about the issue of application of law in public service ship collision,trying to find an appropriate legal basis from the common law.The fourth chapter is aiming to resolve the problem of the way to claim a collision of the public service ship in practice by analyzing different circumstances in the public service ship collision.The last chapter will give a conclusion and provide with legal advice about solution of public service ship collision.This paper puts forward the legal advice from the domestic perspective and the international perspective respectively,hoping to provide ideas for the relevant legislation of public service ship.