Analysis Of Causing Factors For Maritime Collision And Liability Estabishment

Due to the complex circumstances on the sea, there are many causes of maritime collision, thus, it's quite impossible or unrealistic to put an end to such tragedy. What we really can do, however, is to prevent those of the similar kind and make the greatest effort to reduce their losses. It's our urgent duty, during the investigation of these accidents, to analy'ze in a scientific and proper way the causing factors, subjective or objective, major or minor, to discover the regular pattern, thus to prevent them effectively; on the basis of which, it's also our duty to establish, fairly and appropriately, different liability each party concerned should bear. Therefore, the following two aspects compose the chief purpose of maritime collision investigation: find out the causing factors; establish the due proportion of civil liability for each party concerned. Maritime collision accidents are characterized by the complexity of the whole case, frequently accompanied by liability dispute. According to statistics, most cases are man-made liability accidents. In order to decide each party's fault degree, their civil or penal liability for the caused ship or cargo losses and casualties, as well as the solution of the succeeding claim issues, our investigation, undoubtedly, must be carried out in a thorough, scientific manner, and guided by concerning laws, it aims to ascertain each party's due liability ( including administrative, civil, and penal liabilities ).Beginning with the description of the legal foundation of civil liability for maritime collision, this article systematically explores the act of tort in maritime collision, the conception of fault, and its establishment method, emphasizing on pursuing each party's fault and the causality of such accidents, and ultimately, putting forward a concrete idea and guiding principle for the analytical process. At the same time, it builds a fuzzy integrated decision-making mathematical mode to establish the liability for maritime collision, by using Fault Tree Analysis (FTA) in systematic engineering as well as the theory of fuzzy integrated evaluation. In this mode, through fuzzy calculation of fault degrees reached in the analysis of the causing factors for shipping collision, we can achieve the due proportion of each party's liability. Furthermore, in view of the statistical figures drawn from abundant positive tasks, the very conclusion reached by applying this mode has been proved more secure and reliable, compared with the judgment from some authentic courts. For the above reasons, the author thinks the conclusion reached by applying this mode provides reliable reference for all parties concerned in dealing with maritime collision cases.Wu HuiSheng(Delivery Means Utilization Engineering)Directed by Prof. Cai CunQiang...