The Analysis Of The System Of Limitation Of Liability For Maritime Claims

The System of Limitation of Liability for maritime Claims (hereafter we called "Limitation of Liability") is a unique legal system in Admiralty Law, it is a rule that allows those who are parties to the marine adventure, with particular reference to shipowners, shipper, salvor and insurer, to limit their liability in the event of loss or injury to persons or things caused by or on the board a ship, this rule rather differs from normal civil compensative principle for damage.Here the writer starts with the concept and developing history of Limitation of Labiality and focuses on the Limitation of Liability in China finally. There are total six parts in the essay:First part expounds the general description of Limitation of Liability, which contains not only the concept and history clue of limitation of Liability but also the specialties of imitation of Liability on the basis of comparison to traditional civil compensatory system and Unit Limitation of Liability System.Second part is talking about International legislation that is analyzing from two angels: international convention and foreign countries at current situation.Third part is a comparative study on substantial content of Limitation of Liability which is divided into four parts: persons who have the right to limit their liability, scope of limitation , precondition of limitation and limitation amount, Study on the part expounds and estimates rules of international conventions and main shipping countries according to above aspects.Forth part is a comparative study on procedure. Study here first introduces some Convention's common regulations on procedure, then compares legislative construction of limitation procedure between common law and continental law, and analysis the procedure indetail at the end.Fifth part states the developing trends of limitation of liability in three aspects: more and more protection on the interests of victims, higher and higher limitation amount, easier and easier access to right of limitation.Sixth part explicates Limitation of Liability in our country from the aspects of current legislation, specialties and solution of problem occurred in China's.