Research On Damage Compensation Of Crew Personal Injury Caused By Both To Blame Collisions

With the vigorous development of maritime transportation,ship collision accidents also occur from time to time,among which the personal injury and death caused by ship collision is an important part of ship collision damage.As the main practitioners of maritime transportation,the risks faced by seafarers in ship collision accidents are evident.However,China currently does not have a relatively complete legal system for compensation for personal injury at sea,and there is a lack of a unified and rigorous system to follow in the maritime judicial practice related to compensation for personal injury at sea,which brings certain difficulties to handling disputes over compensation for personal injury at sea.Due to the particularity of their identities,seafarers need to face more complex claims rules and procedures.Therefore,it is of great theoretical and practical significance to explore and improve the legal system of compensation for personal injury at sea and its impact on compensation for personal injury of seafarers.This dissertation comprehensively adopts research methods such as normative analysis,comparative induction and empirical analysis,and discusses some of the more controversial issues in crew casualties caused by ship collision caused by mixed faults.From "whether the crew can be compensated" to "who will compensate" and "how to allocate compensation liabilities",it will be sorted out and discussed step by step,and analyzed in combination with relevant laws,regulations,rules and judicial interpretations.Combined with the particularity of personal casualties at sea,compare the relevant regulations of foreign developed maritime countries on such issues,and according to China’s national conditions,put forward personal opinions on further improving China’s system of Indemnity for Loss of Life or Personal Injury at sea,so as to comprehensively protect the interests of seafarers.This dissertation consists of four chapters:The first chapter analyzes the liability basis and legislative status of the crew casualties caused by the collision of mutually negligent ships.At present,there are two different systems of joint and several liability for personal injury or death caused by the collision of mutually negligent ships in the world,namely,joint and several liability for personal injury or death of a third party or joint and several liability for personal injury and death of all persons.And in combination with the relevant provisions of China’s Maritime Law and the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Ship Collision Dispute Cases,to analyze the different viewpoints of the academic circle on whether the definition of "third person" should be broader or narrower.The second chapter analyzes whether the crew members can be included in the category of "third party" to be compensated in the collision of ships with mutual negligence,that is,the identification of the crew members.At present,the academic community has different views on whether the crew should be included in the scope of "third party".This dissertation will analyze from the perspective of the subject theory of civil legal relationship,the perspective of co-occurrence of civil liability,the perspective of theoretical interpretation,the perspective of the justice value of law,and the perspective of judicial practice.And explore the rationality of including crew members in the scope of "third persons".The third chapter distinguishes and analyzes the subject of liability for the compensation for damages caused by the collision of ships both in fault.After solving the problem of whether the crew can be compensated in the accident of personal injury or death caused by the collision of ships both in fault,"who will compensate",that is,the determination of the subject of compensation liability has become an urgent problem to be solved.This dissertation first analyzes the current legislative status of China’s current legislation on the identification of the subject of liability for ship damage.Then,through the discussion and analysis of whether the ship owner,bareboat charterer,ship manager and ship operator can be the eligible subjects of liability for ship collision damage,and finally put forward legislative improvement suggestions.The content of the fourth chapter is the analysis of how the shipowner should bear the responsibility under the condition that the crew has industrial injury insurance.After recognizing that the crew is also qualified to receive the joint and several compensation from the parties involved in the collision as a “third party”,it is a controversial issue that how to assume compensation liability of each ship owner when the crew has industrial injury insurance.This article compares and studies several compensation modes currently in use in the world,discusses the compensation mode suitable for China,and analyzes how the owner of the ship and the owner of other ships should bear the responsibilities in the accident of crew casualties caused by ship collision.