Research On The Identification Of The Subject Of Unmanned Ship’s Collision Responsibility

In recent years,with the development and application of artificial intelligence technology in the field of ships,unmanned ships have gradually entered the field of public vision.The International Maritime Organization(IMO)defines unmanned ships as ships that can navigate autonomously to varying degrees independently of human activities,or MASS for short.The arrival of the era of unmanned ships is in line with the current social development trend.It plays an important role in maintaining public safety at sea,achieving green and sustainable development,and coping with the dilemma of the severe shortage of seafarers caused by the ongoing new crown pneumonia epidemic.At the Two Sessions of the People’s Republic of China held in 2021,Zhang Haiwen,a member of the National Committee of the Chinese People’s Political Consultative Conference,suggested that legislative research on the issue of unmanned ships should be launched as soon as possible;The bureau jointly proposed to deepen technical cooperation in the field of unmanned ships with countries along the route.At present,major breakthroughs have been made in the technical research related to unmanned ships,but the related legal and normative research has not yet matured,and there is a great controversy in theory.Based on the combination of the relevant legal theory of ordinary ships and the particularity of unmanned ships,this paper studies the two major problems in the identification process of the parties responsible for collision of unmanned ships,trying to clarify the legal relationship between the responsible parties and clarify the relevant The legal status of the subject of responsibility provides legal basis and solutions for the identification of the subject of tort liability after the unmanned ship is put into use in the future.The first chapter of this article takes the issue of identifying the subject of unmanned vessel collision responsibility as the starting point.Firstly,clarify the definition,classification and legal nature of unmanned ships;secondly,based on the identification of persons responsible for collisions with manned ships,combined with the characteristics of unmanned ships,study the particularity,application of law and the identification of persons responsible for unmanned ships collisions.Relevant tort law principles lay the legal foundation for the following writing;finally,the author raises the problems in the process of identifying the subject of unmanned vessel collision responsibility,that is,there is a dispute over the unclear criteria for the identification of the subject responsible for collisions with unmanned ships and the principle of attribution for the identification of the subject responsible for collisions with unmanned ships.and this issue will be studied one by one in Chapters 2 and 3,with a view to providing solutions to the problem of how my country’s maritime laws and regulations deal with the identification of the responsible party for unmanned ship collisions.The second chapter of this article studies the identification standard of unmanned ship’s collision responsibility.First,the author compares and evaluates the different rules and theories regarding the identification of unmanned vessel collision responsibility subjects at home and abroad;secondly,finds the general standard applicable to the identification of unmanned vessel collision responsibility subjects—the ship management and control standards,and analyzes The factors and feasibility that need to be considered when applying this standard to manned vessels;again,the specific application of this standard is analyzed in combination with the characteristics of unmanned vessels of different autonomous levels.The third chapter of this article studies the issue of the principle of responsibility for the identification of the unmanned ship’s collision responsibility.This chapter is divided into two parts: the principle of liability for collision of unmanned ships and the principle of liability for the subject of liability for collisions of unmanned ships.The dilemma of the principle of imputation,that is,it is difficult to apply ship collision liability based on the principle of fault liability and the product quality liability based on no fault is difficult to justify;again discussed the application of the principle of liability for unmanned ship collision liability.Finally,combining the theory and practice of manned and vessel legal basis and the principle of liability for tort liability for unmanned vehicles,the principle of liability for the determination of unmanned vessel collision liability and the principle of liability for the subject of unmanned vessel collision liability are determined.The fourth chapter studies the problems and responses in the identification of liability subject of unmanned ship collision in China.Based on the research on the identification of the subject responsible for the collision of unmanned ships in the above two chapters,the author is still guided by the above two major issues,combined with the existing problems in the identification of the subject of collision liability for unmanned ships in China,and the identification of the subject of collision liability for unmanned ships in my country.Provide legislative options and legislative advice.