On Liability Of Navigation Marks Defects Causing Harm

The navigation mark is something used for the vessels to orientate themselves, navigate, or some other technical purposes. Although the rules of regulation and technology of navigation marks have become quite sound, it is not the case as to the rules of the liability caused by the defects of navigation marks. Accordingly, in this study, the concept and category of the navigation mark is introduced, and then the classes of the functional defects of the navigation marks is discussed, including the defects of orientation function, that of verification function, that of guiding traffic function, and that of danger warning function. Based on the common sense of navigation, the real status of the navigation mark application is described, and proposition is given that the liability caused by navigation marks defects belongs to the liability of national compensation, since the navigation marks are set up by public law, and regulated and maintained by state agencies, with the purpose for meeting the public interests, which is complied with the properties of administrative public property. Finally, the liability principle concerning navigation marks is discussed too, and it is argued that, the proper liability principle should be the fault liability principle among the fault liability, strict liability principle and compromise principle because it is appropriate not only for the navigation authority to carry out the regulation and maintaining work under the particular uncertain marine risks, but also to allocate the proof burden between the authority and privates fairly upon the imbalance of power. In the parts of realizing the fault liability principle of navigation marks and of improving our legislation, this study proposes that, the real function of the navigation marks of certain marine accidents should be the fundamental criteria, fault liability principle should be the liability principle of navigation marks, the compensation scope should be limited in the damage most related to the defects of navigation marks and the cost to rescue human life, the compensation limits should be introduced, and the judge should bear the power to judge the final compensation comprehensively. And as to the improvement of current legislation, the suggestion is given that, the specialty of navigation requires more consideration, and the approach of combining the independent and united legislation should be adopted.