Study On The Liability For Damage Arising Out Of Sunken Ship's Further Contact After Collision Under Chinese Law

With the development of economy and international trade,the shipping business has grown rapidly.The number and density of ships sailing on the sea has also risen intensively.Meanwhile,in order to accommodate more cargo and lower the cost,the dimension and tonnage of modern ships becomes larger and ship speeds higher.Higher speeds may cause larger operational loads,like slamming,or excessively severe loads.Denser sea routes increase the probability of an accident-in particular a collision-though modern technology is applied in safeguarding ship's navigation safety.Ship collision is still unavoidable.In some cases,ship collision may result in much more serious consequence,or even directly leading to the fast sinking of a ship.In waters with a high traffic density,a ship which sinks after collision with another ship may further be contacted by other ships navigating close by if the location of the shipwreck is not reported and no mark set in a timely manner.Further contact of ships will lead to serious property damage,or even the loss of human life.Therefore,it is necessary to study the liability for damage arising out of ships' further contact after collision and to make clear the way how the liability is apportioned and who should be held liable and whether the owner of the sunken ship is entitled to limit his liability for maritime claims under Chinese law.Various influencing factors are taken into consideration and are analyzed and studied in this article.The author also discusses the application of “the limitation of liability for maritime claims” and draws conclusions and put forward corresponding suggestions in different situations.