The Research Of Legal Issues On Civil Liability Of Maritime Towage Damages

Maritime towage, as a way to offshore operations, it is widely used. Tugs towing barges laden maritime cargo transport are increasing. Unpowered offshore oil and gas exploration equipment is inseparable from towing operations. Towage is also essential even in the construction field such as the construction of the Sea Bridge.However, both from the point of view of international law and domestic legislation, regulations concerning maritime towage are relatively few and scattered,particularly with regard to maritime towage prejudice to the provisions of liability. Maritime towage damages liability regime is particularly important. Because it is not only an effective means of balancing the interests of the parties, but also to promote the healthy development of maritime towage industry. It maintains a strong guarantee of the normal order of marine operations.Currently, there is no specific international conventions on maritime towage. Maritime towage damages rules are scattered in maritime legislation in various countries. China's "Maritime Law" Chapter VII in the form of a special chapter sets out to maritime towage. But there are only five articles concerning maritime towage liability for damages in the chapter. And the content of provisions is relatively simple. Most norms are arbitrary normative. It gives the parties a large degree of freedom to contract. Towing companies divide the maritime towage liability for damage by maritime towage standard contract which established by themselves. The division of responsibilities of different maritime towage contracts are different, but there are still a considerable number of terms inclined to the tug. It is a challenge to the judicial practice. Meanwhile, the characteristics of the fleet practices and the power towing non-powered ship makes it difficult to apply the general maritime rules.This article is based on the maritime towage contract of the "Maritime Law" Chapter VII. I try to analyze the existing problems and propose the corresponding solution ideas through studying the theory and typical cases at home and abroad.This paper is divided into five parts:Part? “Summary of the maritime towage compensation liability”.This part clarifies related and generalizes the features of maritime towage damages and summaries natures of the maritime towage liability for damages, thereby laying the groundwork for the launch of the following problems.Part ? “The division of maritime towage liability”. This part will be divided into two parts: responsibility division between the tug and the tow and involving third-party division of responsibilities. Where in the distribution of the burden of proof and the division of responsibilities in accordance with the standard issue is the core of this section.Part ? “The validity of the exception clause in the towage contract”. This part focuses on the exemption clauses of "Maritime" 162(3) and analyzes the current typical disclaimer and it definites the disclaimer effectiveness basis and also propose the issue how to coordinate the relationship between the obligations and drag disclaimer.Part ? “The application of maritime liability limitation system in towage liability ”. This part includes the calculation of the limits of liability and the establishment and distribution of the Fund.Part ? “The suggestions of perfecting our country's maritime towage liability ”. This part tries to put forward some reasonable proposals to solve problems related to judicial practice on the basis of analyzing the theoretical and practical problems proposed in each parts.