Research On Legal Aspects Of Marine Traffic Accident Investigation

Our nation's marine administration organizations have the right of investigation on marine traffic accidents.Their report and conclusion will make the party involved undertake the corresponding legal responsibility,which inevitably causes controversy.Sometimes the party involved in the marine traffic accident does not agree with the investigation conclusion of the marine administration organizations,and may appeal administrative proceeding in practice.For a long time,the argument on the justiciability of investigation conclusion of the marine accident has never stopped.There is no unified dealing method of different courts.Thus,the thesis mainly studies these issues and proposes related suggestions in order to solve the controversy and provide useful reference to judicial practice,which may better the rights protection and relief of the party involved.Chapter 1 is an overview of the marine traffic accident system,which introduces the definitions of marine traffic accident,marine traffic accident investigation arid etc.and review the development history of marine traffic accident investigation home and abroad.It also analyses the legal relation,the aim and significance of marine traffic accident investigation.Chapter 2 discusses the the legal attribute of the marine traffic accident investigation.It sums up different opinions on the legal attribute of the marine traffic accident investigation,which shows that the writer view is based on the generalized definition of "Administrative action".On the basis of it,the writer analyses the main characteristics of investigation actions,and believes that the marine traffic accident investigation is a kind of special administrative investigation,belonging to Administrative factual action.Chapter 3 explores the justiciability of the investigation conclusion of the marine accident.It presents the status of the justiciability of the investigation conclusion by typical cases,and points out the difference between accident liability and legal liability.It also analyses the nature of the investigation conclusion of the marine accident,and explain the reason why the investigation conclusion of the marine accident is non-litigious.Chapter 4 discusses the procedure norm and the conclusion relief of the marine traffic accident investigation.It reviewed the inherent procedural rights of the party involved in the accident investigation and offered the suggestion on legislation perfection of affirmation of rights of the party involved,as well as the restrict requirements of discretion power in investigation.In addition,on account of the potential influence of the investigation conclusion on substantial interests of the party involved,the writer suggests unifying the review procedure of investigation conclusion of marine traffic accident so as to provide a procedural relief approach for the party involved.