Research On Several Problems Of Limitation Of Liability For Maritime Claims

The author aims to conduct a thorough research on the unique legal system of Limitation of Liability for Maritime Claims, hoping to draw the attention of the academy on this issue and provide a theoretical reference for the maritime judicial practice. In this regard, the author analyzes and researches several important theoretical issues inclusive of limitation of liability for maritime claims, the right of limitation of liability for maritime claims and its execution, procedure of limitation of liability for maritime claims and procedure for constitution of limitation fund for maritime claims.Firstly, the author starts with the basic theories of limitation of liability for maritime claims, giving descriptions of the concept of limitation of liability for maritime claims, its generation and development, its basic content and its connection with the unit limitation of liability. Basing on which and by comparing with the principle of full compensation of the traditional system of liability for civil damages, the author analyzes the unique principle of limited compensation of the system of limitation of liability for maritime claims and acknowledges the positive role such principle takes in the carriage by sea, international trade, marine insurance and salvage at sea.Secondly, the confirmation of the concept and nature of the right of limitation of liability for maritime claims may lead to the result that the cases of liability for maritime claims are subject to different laws and regulations, and accordingly affects the manners and procedures for the liable party to execute the right, as well as causes substantial legal effect on the liable party and the creditor. In view of the above, the author probes into the concept, nature and form of execution of the right of limitation of liability for maritime claims, and puts forward that the right of limitation of liability for maritime claims, as one of the rights of formation, totally meets the requirements of litigations and of course may be executed by bringing litigations.Thirdly, now that the liable party may actively file litigation of /application for limitation of liability for maritime claims, relevant procedures shall be equipped to adjust and regulate litigation activities from the procedural perspective, so as to insure the lawful execution of the substantive rights. Therefore, the author carries out analysis and research on the concept, nature and content of the procedure for limitation of liability for maritime claims; and further, by comparing with procedure for constitution of limitation fund for maritime claims and special civil procedures, the author puts forward a series of conception of establishing a system of procedure for cases of limitation liability for maritime claims.Finally, according to the stipulations of law, the author reviews and summarizes the concept, nature and content of the procedures for constitution of limitation fund for maritime claims; and in combination with the judicial practice, the author analyzes the five problems existing in the present laws and practice and puts forward ideas for solving such problems.