Research On The Subject Of Limitation Of Liability For Maritime Claims In China

The limitation of liability system for maritime claims is an important special system in the maritime field.Since its inception,the system has played an important role in protecting the interests of all parties involved in shipping and promoting the healthy development of the shipping industry.The subject of limitation of liability for maritime claims is a shipping participant who enjoys the right to limit liability.With the development of science and technology and economy,the shipping industry has undergone tremendous changes,and more and more detailed division of labor has created more and more shipping participants.The development of practice is often ahead of the progress of the rules.For the current various original subjects and emerging subjects,the difference and connection between the various subjects has become a question that should be answered by the current maritime compensation liability limitation system.There is a certain lag in the limitation of liability system.There is some lag in the definition and scope of the subject of liability rights.First of all,in terms of the subject of the limitation of liability,it mainly shows whether the ship manager should be included in the subject of limitation of liability for maritime claims,how to identify the ship operator and clarify the difference and connection between the ship operator and the ship manager,and how to identify the scope of the ship charterer.,whether the port operator should be included in the scope of the subject and other issues,so that in judicial practice,there are often cases of different judgments in the same case.Secondly,in the procedure for the subject to apply for the limitation of liability for compensation,there are still problems such as complicated procedures for fund establishment,difficulty in the realization of rights confirmation litigation,and unreasonable fund allocation,which seriously hinders the healthy development of my country’s maritime liability limitation system.Therefore,it is necessary for us to re-examine our country’s maritime liability limitation system,fully study the relevant subjects of limitation of liability rights,and fully absorb the current international The mainstream view on whether each maritime subject enjoys the limitation of liability for maritime claims is based on the international experience in dealing with subjects such as voyage charterers,ship operators and port operators.Finally,on the occasion of the revision of the Maritime Law,combined with the analysis of the existing problems and the reference of foreign experience,it puts forward suggestions on the improvement of the subject of limitation of liability for maritime claims in my country.By clarifying the concept and connotation of ship charterers,clarifying the identification of ship managers and ship operators,and thus expanding the scope of the subject of limitation of liability for maritime claims in my country,and through the revision of the Maritime Law,the legal system for limitation of liability for maritime claims in my country will be improved.Improve the application procedures and expand the application of the subject of limitation of liability for maritime claims on inland rivers.Therefore,it is expected to contribute to the construction of a reasonable and efficient maritime liability limitation system in the new era of my country.