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Study On Legal Issues Of Intelligent Ship Regulation

Posted on:2021-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:H PanFull Text:PDF
GTID:2416330602992452Subject:Law
Abstract/Summary:PDF Full Text Request
The current ship regulation does not explicitly exclude the application to intelligent ships,but the relevant legal rules are all formulated for traditional ships,and do not take into account the particularity of intelligent ships.Therefore,direct application to intelligent ships will lead to plenty of issues.This paper analyzes and studies the legal issues of intelligent ship regulation,and gives solutions and suggestions for improving these related issues.In addition to the introduction and conclusion,this paper is divided into five parts.The first part is an overview of the legal issues of intelligent ship regulation.First of all,clarify the definition of intelligent ships and related concepts,and systematically review the definitions of ships in international maritime conventions and domestic and foreign laws,on this basis,define intelligent ships in the context of this paper,and then analyze the specificity of intelligent ships different from traditional ships,which lay the foundation for the analysis of the particularity of the intelligent ship regulation later.Then clarify the concept of ship regulation,and take time as a clue to explain the basic process of ship regulation,in order to define which aspects of this paper will study the problems existing in intelligent ship regulation.Among them,ship survey,ship registration and ship safety inspection are the three main aspects of ship regulation,and port state control is also a main aspect of ship safety inspection.Therefore,the following will analyze the problems in the three aspects of intelligent ship survey,intelligent ship registration and intelligent ship port state control with the ideas of raising,analyzing and solving problems.The second part is the research on the legal issues of intelligent ship survey.Intelligent ships have had some influence on the current ship survey legal system.First,the shore-based control center for the intelligent ships is an important facility for intelligent ships,but the current ship survey system does not specify th at the shore-based control center should be surveyed.Therefore,it is necessary to analyze the reasons and necessity of the shore-based control center survey to determine whether it is necessary to stipulate the survey of the shore-based control centers in the legislation of ship survey.Second,under the premise of the statutory survey obligation to the shore-based control center of intelligent ships,the interval for the shore-based control center survey is also worth discussing.There are different opinions on whether the shore-based control center should be surveyed whenever an intelligent ship is connected to the shore-based control center.Third,Chinese law stipulates that several key ships must be compulsorily classified.Whether intelligent ships should also be compulsorily classified requires probing into the pros and cons of compulsory classification.In addition,the survey subject of the intelligent ship and its shore-based control center also has deficiencies,and the qualification of the survey subject should be clearly defined,and countermeasures should be put forward on how to solve the problem of the survey subject.The third part is the research on the legal issues of intelligent ship registration.Ship registration is divided into ship nationality registration with public law attribute and ship real right registration with private law attribute.The ship registration referred to in this part specifically refers to the registration of ship nationality which belongs to the nature of public law,that is,the registration of ship nationality.In the process of applying Chinese current ship registration system,intelligent ships cannot meet the requirements for obtaining our nationality registration,and there are certain obstacles.By comparing the conditions of ship nationality registration in other countries,this part analyzes the reasons why intelligent ship cannot obtain the ship nationality registration in China,and considers whether this obstacle can be solved by exempting the requirements for crew members.With regard to the real link between the intelligent ship and the flag state,there are views that question the fact that the real link is out of date,so there is no need to establish a real link between the intelligent ship and the flag state.Under the trend of ship intelligence,whether the real link still exists is reasonable,and how to reconstruct the real link between the intelligent ship and the flag state needs to be carefully considered.The fourth part is the research on the legal issues of port state control of intelligent ship.The ship safety inspection includes two parts:the flag state control and the port state control.Because they have a lot in common,and the problems of intelligent ships in the port state control are more prominent.Therefore,this part will discuss the impact of the intelligent ship on the current ship safety inspection system by studying the problems existing in port state control of intelligent ships.When the intelligent ship is put into operation,theoretically,the object of port state control and inspection should include two parts:the intelligent ship and the shore-based control center.However,due to the difference between intelligent ship technology and traditional ships,the port state control of intelligent ships has also changed,and the port state has no jurisdiction over the supervision of the shore-based control centers,making the port state control system for intelligent ships seem unnecessary.This part studies the significance and necessity of port state control of intelligent ships,and puts forward countermeasures on how to coordinate and solve the above problems.The fifth part is the suggestions on how to improve the intelligent ship regulation.Not only should we improve the relevant legal systems of intelligent ships from our domestic legislation,but also the relevant international organizations should actively promote the revision and formulation of international maritime conventions.On the basis of the above analysis and discussion of the legal issues.of intelligent ships,this part puts forward some suggestions on the construction of intelligent ship regulation legal systems from the two aspects of international convention and domestic law of our country.
Keywords/Search Tags:Intelligent Ship, Ship Survey, Ship Registration, Port State Control
PDF Full Text Request
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