The Study On The Fault Identification For Ship Collision

With the development of global trade and shipping industry,ship collision accidents occur constantly,and almost every ship collision accident would cause heavy losses to both sides of the collision.Ship collision is a special tort that occurs at sea,therefore,we can apply the relevant theories of general tort in the Tort Liability Law to ship collision as a special tort,and then study the special legal issues of ship collision.Liability of compensation for ship collision damage is the core issue of the ship collision law,and the fault of ship collision is the core issue of the liability of compensation for ship collision damage.The fault of ship collision is one of the constituent elements of the liability of compensation for ship collision damage,which is the basis for the faulty party to bear the liability of compensation for ship collision damage.In the case of ship collisions,it is particularly complicated to identify whether the ship involved is at fault and the proportion of fault between the ships involved.Therefore,this paper takes the fault of ship collision as the entry point,and by studying the identification standards of the fault of ship collision,as well as the extent of fault,then calculate the proportion of fault between the collision parties.In addition to the introduction and conclusion,this paper consists of four chapters:The first chapter discuss the fault.This chapter takes the fault in the tort liability law as an entry point,obtain the definition of fault by studying different theories of the fault in the tort liability law firstly,and then study the definition and the identification standards of the fault of ship collision as a special tort on this basis.The second chapter is to identify whether the collision party is at fault when violated the general provisions of the 1972 International Regulations for Preventing Collisions at Sea(hereinafter referred to as the "Collision Avoidance Rules").The chapter firstly studies the application of the look-out provision,the safe speed provision and the action to avoid collision provision,and identify the fault of the collision party when violated the general provisions of the "Collision Avoidance Rules",and then identify the faulty party in the ship collision case on this basis.The third chapter studies the fault identification for ship collision of departing from the rule as a special situation.The chapter firstly studies the application conditions of departing from the rule and the provisions that can make a departure,and then studies whether is the correct opportunity for the collision party to make a departure from the rule in all stages of ship collision,and then identify whether the collision party is at fault when make a departure from the rule.The fourth chapter is the study on the extent and the proportion of fault in ship collision.The chapter firstly studies the extent of fault,and the identification of the extent of fault is mainly identified from the three aspects:the number and nature of the fault,the situation of the ships' encounter,as well as the marine environment and other factors;the proportion of fault is the result of the quantification of the extent of fault,and the proportion of fault can be identified between the ships involved on the basis of the extent of fault.