Study On The Procedure Of The Establishment Of The Maritime Liability Limitation Fund For Multiple Accidents

It is a special legal system whose name is the procedure for the establishment of the Maritime Liability Limitation Fund which can be described as a legal "umbrella" for those responsible for the accident.In today's maritime era,it has been unbalanced to protect the persons responsible for the accident,and the result of the trial that is constantly emerging in violation of the original intention of the fund shows that the law needs to be taught new,and the maritime court can't stick to the stereotypes.The current fund-setting procedures have failed to maintain the sound operation of the shipping market.This paper analyzes many problems in the procedure of establishing the maritime liability limitation fund,and takes this as an opportunity to put forward some reference suggestions for the re-construction of the procedure of the maritime liability limitation fund.This paper is divided into four chapters: the first chapter for the maritime liability limitation fund establishment procedures overview.It includes the meaning and purpose of the maritime liability limitation fund,the relationship between the procedure of limitation of maritime liability and the procedure for the establishment of the liability limitation fund and the nature of the procedure for the establishment of the maritime liability limitation fund.The second chapter is the analysis of the defined conditions of multiple accidents in the maritime liability limitation fund.This chapter analyzes the four parts of its application link,examination link,identification link,establishment and distribution link according to the relationship between the liability limit fund in multiple accidents.Chapter III In the paradigm of multiple accidents,the Supreme Court Case No.116 is the benchmark for the analysis of the cause chain in the procedure of the establishment of the Liability Limitation Fund,and the basis of the reason chain in the maritime liability limitation fund is put forward.The fourth chapter focuses on the analysis of the problems in the procedure of setting up the liability limit fund,and puts forward concrete suggestions for improvement on this basis: strengthening the concept of convenience of the fund establishment procedure,reconstructing the standard mechanism for the application of the fund establishment link,introducing critical thinking of the guiding case of the High Court,and promoting the establishment of the fund supporting legal co-management model.