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Research On The Collision Responsibility Of Unmanned Ship

Posted on:2023-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y N LiuFull Text:PDF
GTID:2556307040478144Subject:legal
Abstract/Summary:PDF Full Text Request
With the advancement of artificial intelligence in the field of industrial production,unmanned ship transportation will become an important trend in the development of global shipping in the future,which will bring new challenges to the shipping industry and the law,and will certainly become the key to further maritime legislation and judicial reform.theme.After an unmanned ship collides,it is necessary to evaluate whether the rules of traditional ship collision tort liability are applicable to new unmanned ships with the complexity of “unmanned”.Regarding the liability for damage caused by the collision of unmanned ships,the field of law does not cover the specific content of this aspect.Under the current maritime law,whether unmanned ships can apply the tort liability path of traditional ships and whether they can obtain civil subject qualifications deserves indepth discussion by the academic community,in order to avoid potential legal risks and challenges brought by unmanned ships,and maximize the positive role of unmanned ships.The main body of this thesis is divided into four chapters:The first chapter is a basic overview of the liability for collision of unmanned ships.First of all,the concept and technical classification of unmanned ships are analyzed,and it is introduced that unmanned ships can be divided into four levels and their respective characteristics according to the degree of autonomy.Fully autonomous unmanned ships are discussed in the follow-up;secondly,the challenges brought by unmanned ships to ship collision liability are summarized and summarized,and the subsequent chapters will expand accordingly.The second chapter is an analysis of the relevant legal nature of unmanned ships.In order to analyze the legal status of unmanned ships,we reviewed relevant international and domestic legal documents,explored the definition of “ships”,and concluded that unmanned ships should belong to ships under the "Maritime Law";This paper holds a positive attitude to be identified as captain and crew member.Finally,the discussion will focus on the product attributes of the intelligent navigation system,which will pave the way for the follow-up research on the collision responsibility of unmanned ships.The third chapter is the discussion of the standard for the identification of the main body responsible for the collision of unmanned ships.Firstly,it expounds four theories of responsibility subject identification in the academic circle,namely employer responsibility theory,owner responsibility theory,practical management and control theory,and practical benefit theory.The standard should adopt the standard of practical management and control theory combined with practical benefit theory.When an unmanned ship collides,in addition to involving the same basic responsible subjects as the traditional ship collision,including the owner and operator of the unmanned ship,other subjects such as shipyards and intelligent navigation system development companies are also involved.The fourth chapter discusses the issue of liability for collision of unmanned ships.There is no crew on board an unmanned ship,which means that technology will play a more important role than traditional ships.The reliability of data connections,sensors and software is very important.First,based on the principle of liability for traditional ship collisions,the key issues of this thesis are raised.One is to discuss whether the principle of fault liability can continue to be applied to remote-controlled unmanned ships and fully autonomous unmanned ships,and whether it is necessary to introduce the principle of nofault liability.Secondly,when the defect of the intelligent navigation system is the only cause of the collision of the ship,it is necessary to reasonably divide the internal responsibilities of the owner and the producer of the unmanned ship.
Keywords/Search Tags:Unmanned Ship, Collision Liability, Subject of Liability, Principle of Attribution, Division of Responsibilities
PDF Full Text Request
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