| Modern society places great importance on the protection of life and health of people, which is the claim of the development of the society. With the rapid development of the maritime industry, actions of loss of life or personal injury at sea have become the popular cases in marine court. So it is greatly important to study on the indemnity laws of loss of life or personal injury at sea both from the perspective of theoretical and empirical value.The Chinese indemnity laws of loss of life or personal injury at sea are not perfect and have some problems, for example, there is no unified laws about the indemnity of loss of life or personal injury at sea; the laws applied for dealing with the indemnity issues conflict with each other. So it is urgent to improve the law system of the indemnity of life loss or personal injury. This essay mainly discusses the loophole of the law system and puts forward the special opinion, which may be helpful to the perfection of the law system. Meanwhile, this essay lays great emphasis on the protection of the right of the injured party. Though existing the intrinsic flaw of the maritime law about the protection of the injured party, such as the limitations of liabilities, this essay poses the implement of the compulsory liability insurance in some fields and the establishment of the state supplementary compensation fund, which will improve the protection of the right of the injured party greatly. Totally, this essay aims to unify the value of justice and efficiency in the indemnity laws of loss of life or personal injury, which is the most significant meaning of this essay.This essay is divided into eight chapters.Part 1 analyzes the basic legal theory of the indemnity of loss of life or personal injury at sea, introduces the definition of the indemnity of loss of life or personal injury at sea and finally classifies the problems of the current indemnity laws of loss of life or personal injury.Part 2 introduces the doctrine of liability fixation in different indemnity of loss of life or personal injury, such as tort, contract or other circumstances.Part 3 takes a look at the both parties under this indemnity system, including the claimant and the responsible party, meanwhile, emphasizing on the special problems on this issue.Part 4 concentrates on the scope of the indemnity in different circumstances and the relation between the indemnity of loss of life or personal injury and other kinds of insurance compensation, which aims to realize the balance of the two parties.Part 5 mainly introduces the limitations of liabilities on the indemnity of loss of life or personal injury and predicts the tendency of the development of the limitations of liabilities.Part 6 discusses the spiritual damages for loss of life or personal injury at sea, analyzes the defects of the current law and puts forward the amending suggestion.Part 7 introduces the nature and content of the compulsory liability insurance and advocates the point that the implement of the compulsory liability insurance in some fields.Part 8 focuses on perfecting the Chinese indemnity laws of loss of life or personal injury and raising several concrete suggestions, including the formulation of the law on the indemnity of loss of life or personal injury, the unification of the limitations of liabilities, the implement of the compulsory liability insurance in the carriage of the traveler and the establishment of the state supplementary compensation fund. |
