A Research On The Responsibility Of VTS Center Whose Fault Result In A Vessel Accident

VTS center is an important management department of water traffic safety in China,plays an important role in ensuring port safety and maintaining water traffic order.With the promotion of "service-oriented" maritime construction,the basic functions of VTS center are shifted from traffic management to transportation service.This paper is written about whether the VTS center needs to be responsible for the ship accident caused by negligence in performing different functions,and the subject,scope,nature of the liability.To promote and improve the legislation of the VTS center in China,the paper puts forward relevant legislative proposals.Chapter 1,overview of VTS.This paper expounds the development process,technical principle,coordination development with AIS and other related technologies,and summarizes the important role of VTS center in water traffic safety management and its legal status in China.Chapter 2,the possible negligence of the VTS center and accident.By analyzing a case and the law enforcement present situation,the author discusses the possible negligence of VTS center in the process of ship traffic management and service.And compared the general ship navigation accident,the author discusses the types of ship accidents caused by the negligence of VTS center.Chapter 3,whether the VTS center shall be liable for compensation.Through the comparison with the Pilot and air traffic management,combined with three different views of academia,the author believes that whether the instruction or service of VTS center is compulsive should not be the standard of liability,so long as the negligence behavior and ship accidents have causality,and a careful captain couldn't discover the negligence,the VTS center shall be liable for compensation.Chapter 4,the basic problem of the liability of VTS center.Since the VTS center shall be liable for compensation,the author discusses the basic problems of the liability,including the nature,subject,scope of compensation and the distribution principle of the burden of proof,in order to obtain more in-depth and comprehensive understanding and grasp.Chapter 5,the legislative suggestion about the liability of the VTS center.As an important department of water traffic safety management,not only that VTS center should improve the technology and the law enforcement ability,but also we should pay attention to prevent the law enforcement risk of VTS center and limit its liability.In this regard,the author puts forward relevant legislative proposals about how to reduce the law enforcement negligence and limit of the liability of VTS center.