Research on Ship Collision Damage Compensation Related Problem
|Course||Civil and Commercial Law|
|Keywords||ship collision the compensation for damages navigation error disclaim|
Collision damage system is the floorboard of the principle of a series of laws andregulations, is mainly used to adjust the specific case of ship collision damagecompensation of social relations. Legislative purpose, the collision system is used tosolve the problems of tort resulting from a collision, and to recover the loss caused byinfringement, to protect the victim’s personal assets. Therefore, ship collision damagecompensation responsibility is not only the main body part of a collision method is atthe heart of the collision problem. At this stage of our country have a collision damagesystem has been basically can satisfy for ships collision cases, and collision damage tothe system in our country can adapt to the current demand for judicial intervention ina collision. But, as the economic society, especially the further development in thefield of shipping, in case of collision in our country the problem more and more, thejudicial practice in ship collision caused by the problems still exist loophole, this hasbecome a maritime border and maritime judicial circle the most pain. Relevant lawsand regulations of ship collision case problems in-depth study, not only can improvethe quality of the case before the court at all levels, can also reduce maritime tortcases, so as to maintain the order of the maritime traffic. Compensation is effective tosolve depends on whether maritime tort cases just and reasonable. Because thejudgment result related to the liability of ship collision case and constitutiverequirements, compensation and other issues. This article is centered on the issue, inorder to develop to a series of related legal problems of ship collision case intoexploration, based on the predecessors’ theory, using multi-angle and comprehensiveanalysis and comparison, combining theory and practice on the issue discussed in thispaper, in detail elaborated the collision may suffer losses and the resulting in the lossto the other kinds of calculation and expected systematic exploration of the problemscan promote the development of Chinese maritime judicial theory lay theoretical basisfor the judicial practice. Through has carried on the comprehensive analysis, toestablishment and implementation of the justice and beneficial for ship collisionproblems raised in the solution. Comprehensive system of the ship collision liabilityto pay compensation to make specification, in order to perfect our country’s ship collision damage compensation legal system construction, so as to cope with thefuture development situation of the ship.