Study On The Identification Of The Liability Subjects Of Smart Ship Collision

This paper focuses on the relevant legal issues concerning the identification of the liability subjects of smart ship collision:Firstly,by summarizing the relevant legal provisions,the author tries to clear the specific laws and regulations applicable to the identification of the liability subjects of ship collision under the current legal system.Secondly,combined with the characteristics of the smart ship,the author analyzes the possible incompatibility of the current laws,regulations and basic theories related to the identification of the liability subjects of the ship collision for smart ships,and finds the solutions through study.Finally,in order to apply the relevant provisions of the Maritime Law of the People's Republic of China(Hereinafter referred to as "Maritime law")to smart ships in the future,relevant legislative proposals are provided for the revision of the Maritime Law based on the conclusions already drawn above.The purpose of this paper is to analyze the problem of the identification of the subject of the liability subjects after the smart ship is put into use in the future,and find a universally applicable method for the identification of the liability subjects of smart ship collision.Specifically,the text is divided into four chapters:The first chapter is an overview of this paper.Based on the latest research result on smart ships,this chapter analyzes the definition,classification,legal status and legal application of smart ships and clarifies the specific categories of smart ships discussed in this paper to solve the basic issues of the identification of the liability subjects.In addition,this part also discusses the research ideas of the identification of the liability subjects of smart ship collision.The second chapter analyzes the basic theories of the identification of the liability subjects of ship collision and its applicability.On the one hand,this part summarizes and studies the basic theories of the identification of the liability subjects of ship collision.On the other hand,combined with the particularity of the identification of the liability subjects of ship collision,it analyzes the applicability of the basic theories to the smart ships.The applicability analysis of this part on the basic theories covers the whole process of identifying the liability subjects.It helps us to find out the specific problems for the identification of the subject of the smart ship collision in the future and lays the foundation for the determination of the identification standard.The third chapter is to study the identification standard for the liability subjects of smart ship collision.In combination with the analysis of the basic theories in the second chapter,the author firstly clarifies the basic principles and general standards for the identification of the liability subjects of which can be generally applied by smart ships;Secondly,the author combines the characteristics of smart ships in different stages of development,in other words,the characteristics of remotely controlled ships and autonomous ships,and clarifies the specific application of the above basic principles and general standards in the process of identifying the main body of collision between the remotely controlled ships and the autonomous ships;Finally,considering the development and production of smart ships determines the reliability of the running smart ship,and the development and operation of the smart systems enhances the necessary protection for the safe operation of the smart ships,the third-party,including the developers and producers of smart ships and the system developers who provide operating systems,can play an important role in the stable operation of smart ships,or even the have a closer relationship with the smart ships than the general liability subjects of ship collision,so the third-party may also be taken for granted by people to be liability subject of smart ship collision.According to the above situation,the author will analyze and discuss the specific legal status of the third-party subjects in the liability of smart ship collision.The fourth chapter is to discuss and analyze the future development of the provisions of Maritime Law based on the relevant conclusions on the identification of the liability subjects of smart ship collision drawn from the previous article.The author analyzes the deficiencies that may exist in Maritime law and relevant judicial interpretations when they will be applied to deal with the identification of the liability subjects of smart ship collision.There are three aspects:the liability scope of the smart ship collision is uncertain;Whether the shore-based controller has the legal property of the crew is not clear;the current standard for identifying the liability subjects of smart ship collision is not clear.To solve these problems,the author puts forward corresponding suggestions for improvement based on the conclusions of the first three chapters.Firstly,clarify the liability scope of the smart ship collision.Secondly,give the shore-based controllers the legal property of the crew.Thirdly,clarify the identification standard of the liability subjects of smart ship collision.