Research On The Subject Of Collision Liability Of Unmanned Vessel

The development of unmanned vessel technology has gradually entered the international and domestic field of vision in recent years.The International Maritime Organization(IMO)defines artificial intelligence ships as autonomous ships on the surface of the sea,abbreviated as MASS.Its concept is a ship that can operate independently of human intervention to varying degrees.The National Development and Reform Commission and the State Oceanic Administration pointed out in the joint release of the "the belt and road initiative" Construction Maritime Cooperation Vision "that one of the important areas of maritime cooperation is the development of unmanned ship-related technologies.In order to study and develop unmanned vessel technology,it is necessary to coordinate the theory at the technical level and the theory at the legal level.Based on the development of unmanned vessel’s existing technology and laws,to discuss the subject of responsibility for unmanned vessel collision and to improve the legal system related to unmanned vessel are not only conducive to the development of unmanned vessel technology in China,to win more international voice in artificial intelligence technology for China,but also to adjust the relationship between unmanned vessel legal norms and international maritime treaties.In this paper,the main body responsible for the collision of unmanned vessel is taken as the research object.In the framework of the article,the first chapter starts with the overview of the main body responsible for the collision of unmanned vessel.Firstly,the concept and development status of unmanned vessel are stated,including the definition of unmanned vessel in various countries and IMO’s four-level division of autonomous ships on the sea surface.Based on the third and fourth levels of IMO’s four-level division,which completely conform to the "unmanned" characteristics of unmanned vessel,unmanned vessel are divided into two modes:remote control mode and fully autonomous navigation mode.In the second and third chapters,the relevant collision main body issues are discussed respectively.Secondly,it discusses the identification principle of the collision liability subject of unmanned vessel,including the principle of self-responsibility,the principle of substitute responsibility and the principle of special product defect liability.Finally,it compares the collision liability subject of unmanned vessel with that of conventional ship,and analyzes the particularity of the collision liability subject of unmanned vessel at the legislative and practical levels.The second chapter discusses the main body responsible for collision of remote-controlled unmanned vessel,mainly shore-based operators.It discusses the legal responsibilities of shore-based operators and the obstacles to identification,their legal status,the relationship between shore-based operators and ship owners,and how to identify the main body responsible when shore-based operators are employed by independent third-party service operators.The conclusion is that the legal status of shore-based operators cannot be equated with that of the captain or crew,and they should be regarded as ordinary labor employees,and it is more appropriate for the ship owners to assume the replacement responsibilities.The third chapter discusses the subject of collision liability for unmanned vessel sailing on full autonomy,mainly system manufacturers.It studies the legal liability and identification obstacles of system manufacturers,responsibility sharing and the relationship between system manufacturers and ship owners respectively.Finally,it analyzes whether the ship managers,ship operators and bareboat charterers are suitable to be the subject of collision liability in unmanned vessel sailing.The conclusion is that if the collision of the autonomous unmanned vessel occurs due to the product defects of the control system itself,the system manufacturer should apply the fault liability principle to bear the corresponding product defect liability for the collision accident caused by the failure of its products.The fourth chapter gives relevant legislative suggestions for the above issues,including four parts:clarifying the legal status of unmanned vessel,confirming the legal status of new types of responsible subjects,including shore-based operators and system manufacturers,specifying the principles of liability fixation for unmanned vessel collision liability subjects,and allowing relevant departments to obtain unmanned vessel control authority in case of emergency.