论内河船舶碰撞法律问题(正文已修改).doc

论内河船舶碰撞法律问题 学生姓名：林炳光 指导老师：王卓 摘要船舶碰撞是我国海商法中的一项重要法律制度，航界与海事司法界关注的热点。随着船舶的大型化、多样化和石油、化学品和其他危险品等运输量的增加，船舶碰撞对安全威胁和可能造成的财产损失越来越大为解决船舶碰撞的财产损坏索赔纠纷舶碰撞法律规定的理解和适用、碰撞引起其他法律关系时如何适用法律等问题仍然困扰着海事界与海事司法界。因此,对船舶碰撞相关的法律问题进行探讨就显得非常必要。笔者旨在通过对船舶碰撞法律关系中几个基本概念的分析，研究其在审判实践中的适用船舶碰撞关的法律问题进行系统化的总结,对“船舶碰撞”所引发的法律问题,事实问题程序问题进行积极的探讨并加以明确,为解决船舶碰撞纠纷提供有益的帮助。 【关键词】：On Legal Issues Of Ship Collision Author : LIN BING GUANG Tutor : WANG ZHUO Abstract Ship collision is in the maritime law of China is an important legal system, also sailing and maritime judicial circles pay close attention to. In recent years, along with our country inland river ship is large change, diversification and petroleum, chemicals and other dangerous goods transport quantity increase, collision of ships on inland waters safe threat and may cause loss of property more and more. Despite the maritime law the eighth chapter devoted to collision of ships made relevant provision, but maritime law after all, in order to adjust the relations arising from maritime transport, marine transport ship relations, promoting trade and economic development of the law, and in the inland river adjustment of ship collision between the legal not perfect even but there is a certain degree of blank. Although some experts, scholars and shipping association to solve the collision damage to property disputes the claim proposed beneficial solution, but how about ship collision law to understand and apply, as well as caused by impact other legal relationship related to how to apply the law problems still haunt the maritime industry and maritime law. Therefore, for inland ships collision related legal problems is very necessary. The author aims to pass pair of ship collision in the legal relationship of several basic concepts in the analysis, study its the application in trial practice, combined with the actual work in collisions with ship