Research On The Subject Of Liability For Damage Of Compensation For Ships Collision

This paper,based on the provisions of the civil tort and maritime laws and regulations in China,combines the relevant laws and regulations of the major maritime countries and the relevant international conventions,and uses the documentary research method,comparative analysis method and historical research method.This paper focuses on the problems and troubles caused by the imperfect legislation of the liability subject for compensation in the ship collision in China.On this basis,it puts forward some suggestions on the maritime legislation of our country,and further analyzes the position of subject in the shipping where the various interested parties are involved in the legal relationship of ship crash infringement.This paper is divided into four chapters.The first chapter focuses on the stipulation and understanding of the concept of ship collision in important maritime countries and scholars in these country,analyzing the problems on concept of ship collision in Chinese and foreign laws,and the importance of the concept of ship collision to determine the main body of liability for damages,finally draw general and particularity conclusions collision behavior.The second chapter through analyzing the source of Ship responsibility theory and Ship personification theory,to discover the problem in these theories,and ultimately come to the theory where The identification and determination of the main body of the liability of the ship collision damage not only follow the general liability and responsibility theory of the tort liability law,but also follow its unique actual control and management.The third chapter focuses on the analysis of legislation and problems in subject of Liability for damage for ship collision in China,and the significance of learning the relevant provisions and laws on foreign country to perfect our legislation;The fourth chapter on the basis of reflection of the third chapter uses the principle and theory of judging and identifying the subject of liability for collision damage of ship which the second chapter states and analyzes the situations in detail where subjects bear the responsibility of the ship collision.The author in writing process,on the one hand learn the academic point of Chinese and foreign scholars,on the other hand stands on the shoulders of his predecessors and expressed his views and theoretical tendencies.The author considers that China should further improve the legislation on the concept of ship collision,and learn the principles which maritime countries determines the subject of liability for damages,and absorb the advanced theories of outstandingscholars,and establish the specific legislative model of our country,and further clarify the subject legal and responsibility status of ship owners,ship operators,ship managers and bare boat charterers in the ship collision accident so that the interests of the victims are guaranteed to achieve the process of fairness and justice in the fundamental goal of justice.The author hopes this paper can provide a direction for China to improve the ship collision damage liability system through efforts.