Research On The Compensation Liability For Maritime Personal Injury Of Cruise Passengers

Chinese cruise tourism has good development prospects,but Chinese cruise tourism industry still has many problems in protecting the personal rights and interests of passengers,and there are many hidden dangers that damage the protection of passengers personal rights and interests.Among them,the issue of personal injury compensation for cruise passengers is an urgent legal issue with many disputes,therefore,the question of maritime personal injury compensation for cruise passengers is a legal issue that needs to be solved urgently.The basic idea to solve the problems of the compensation liability for personal injury of cruise passengers is to clarify the basic legal relationship between cruise companies,passengers,and travel agencies through the legal phenomena of maritime personal injury,to figure out the characteristics of Chinese cruise tourism,in particular,the liability form and the area of liability when multiple parties assume the same liability,and finally to improve the protection mechanism of the personal rights and interests of cruise passengers,with a view to engaging in pre-prevention and post-relief to solve problem,such as the unclear main body of compensation liability,the confusion of liability forms,the ambiguous area of liability and the lack of protection mechanism.The full text of the thesis is divided into three parts:introduction,main body and conclusion.The main body consists of five chapters as follows:The first chapter explains the relevant concepts of maritime personal injury of cruise passengers,including the concept and characteristics of maritime personal injury,and the definition and the special features of compensation liability for maritime personal injury of cruise passengers,then analyze the differences from the maritime injury of traditional passenger transport by sea,the three main problems of liability for maritime personal injury of cruise passengers,which need to be resolved urgently.The second chapter theoretically clarifies the responsibility parties under the different types of infringement in the maritime personal injury,confirms that compensation liability for maritime personal injury of cruise passengers is the cruise company and the travel agency,and mainly analyzes the distribution of liability between the different parties in detail,that is,the liability of the travel agency and the liability of the cruise company as an actual carrier,the performance supporter or the receiving travel agency at the destination.The third chapter analyzes the form of compensation liability for maritime personal injury of cruise passengers,mainly including proportionate liability,joint liability,untrue joint liability,and supplementary liability,as the compensation liability for maritime personal injury of cruise passengers is mainly a legal gap of liability forms under the multiple of parties.Through the above analysis of the form of liability,the form of liability,which is applicable to the compensation liability for maritime personal injury of cruise passengers,conforms as untrue joint liability.The fourth chapter analyzes the area of compensation liability for maritime personal injury of cruise passengers,including the principles followed by the compensation liability,the expenses due to personal injury and the compensation for breach of contractual spiritual damage.The analysis ideas in Chapters two,three,and four are the multiple of responsibility parties-the form of responsibility under multiple responsibility parties-the area of responsibility that should be assumed.In short,the analysis idea is mainly about who should assume the liability and what the area of liability under what form of liability by those parties,and the principles of compensation liability provide reasonable determination of the area of personal injury compensation.The fifth Chapter,based on the results in Chapters two,three,and four,provides suggestions for cruise passengers with the improvement of the liability system of maritime personal injury compensation,from the liability parties and form of liability in legislation,the form and area of liability in contractual terms,moreover,from the relevant regulations,such as cruise ship construction standards,safety inspection standards,ship personnel management,and passenger safety protection,to achieve comprehensive protection of cruise passengers before and after the maritime personal injury.