A Research On Conviction Of Seamen On-water Traffic Accident

Sea transportation takes up more than 90%in international trade for bulk commodities.Similarly,inland water transportation is also the cheapest and most convenient way between ports of river.With increasingly ascending of worldwide trade,the on-water transportation is becoming much busier than ever before,also,the on-water traffic accidents occur much more frequently.Making a safer navigational environment is the prerequisite of ensuring the rapid development of shipping industry.Law enforcement is the most simple and effective way to make it safer.According to Chinese law,currently,the seamen traffic accidents issue is governed by Article 133 of Criminal Law.However,system interpretation indicates that Article 133 mostly applies in on-land traffic accident cases.The standard of being guilty and measurement of penalty of Article 133 does not comply with the character of on-water transportation.Different opinions exist in the issue of the standard of being guilty in seamen traffic accident cases.Some scholars believe that although there is specialty of on-water traffic accident,its perniciousness is as same as other sorts of traffic accidents,and the doctrine of fairness shall not be overruled by seamen traffic accident cases.Other scholars believe that protection of shipping industry should be taken into consideration,and the future criminal sanction on seamen shall use a different standard from current provision of Article 133.Seamen are playing important roles in "Ocean Development Strategy",however,the number of seamen is decreasing.So,in this circumstance,how to protect seamen legal right and creating a suitable rule for seamen traffic accident cases are the most meaningful issues.Because the current main issue in seamen’s traffic accident cases is the standard of being guilty,i.e.,elements of the crime,this dissertation is mainly about the conviction,without mentioning the measurement of penalty.Except for introduction and conclusion chapters,this dissertation is divided into four parts.The first part mainly introduces the background of seamen’s conduct in on-water traffic accidents.By contrasting relating cases,it concludes that the seamen traffic accident cases are currently decided pursuant to Article 133 of Criminal Law.In the second part,from the aspects of four elements of crime,the dissertation analyzes the existing problems when applying Article 133,that mainly is,the scope of criminal object is not reasonable,the standard of severe accident is not settled,the subject of crime is hard to figure out,the subject aspect of crime distinguish the extent of negligence.The third part lists relating statutes and cases in other developed countries and districts,then concludes the enlightenment to China.In the last part,by solving the problems raised in the second part and referring other countries’experience,it provides elements of the seamen’s on-water traffic accident in the future criminal law:the criminal object is invading the rights of life and health of unspecific majority people;in the objective aspect of crime,action and inaction both constitute crime;the subject of crime is factual seamen who get involved in operating and affecting the safety of the vessel;in the subjective aspect of crime,it distinguishes gross negligence and general negligence.