船舶碰撞及船舶碰撞法(国外英文资料).docVIP

船舶碰撞及船舶碰撞法 Collision and collision of ships Fu Tingzhong 1, maritime law stipulates the significance of ship collision When it comes to the object of adjustment of maritime law, maritime law has been proposed to regulate maritime transport The law relating to the relationship between the ship and the ship One of them is the collision between ships. World wide Maritime law makes no exception to the question of ship collision The same is true in the eighth chapter of the law. For the Maritime Code, a chapter in the secondary school provides for the collision of ships Some people dont understand the collision. They think the collision is nothing more than a traffic accident, Collision with the car is not the same as the two, so as long as the use of collision avoidance rules to determine the proportion of responsibility, Then it is not necessary to use civil law to determine the liability for compensation in Maritime Code Make a rule alone. In fact, such understanding is entirely due to the collision of ships The lack of understanding of the characteristics of maritime violations. It is true that the collision of the ship is in conformity with the fault The constitutive elements of tort liability, but this kind of infringement behavior also has the ordinary civil The characteristic of an infringing act that is characteristic of natural factors and the marine environment Impact of collision liability. It is known that ship collisions, although in most cases, are Due to the fault of the crew, but there are many such faults and natural conditions at that time, the sea Risk, etc., are closely related, and sometimes even difficult to distinguish, because the crew is in extreme In the dangerous situation, the collision avoidance measures must be affected by the objective environment at that time And constraints. By common sense, when the perils of the sea happen suddenly, the crew is there It is very difficult to do some avoidance measures under the circumstances of one hund