Legal System Of The. Pilot Study

Given that the legal system of the pilot is a marginal branch in the area of maritime law,research on it is rare both domestically and abroad,let alone a comprehensive study.The legal system of the pilot,nevertheless,has important meaning for China,a shipping power,as it not only bears on development of the pilotage industry at present and in the future,but is playing an essential role in the harbor and shipping undertakings.Therefore in this thesis,the author aims to make a comprehensive and systematic expatiation on the legal system of the pilot.In Chapter One,the author retrospects historical development of the legal system of the pilot chronologically in three parts,namely,ancient times,modern age and contemporary era.Emergence and transformation of the legal system of the pilot in various periods is narrated in summary.Chapter Two is an expatiation of the legal position of the pilot.The author introduces the definition,classification and legal nature of the pilot,and analyzed the relationship between the pilot and relevant units including pilotage institutions and shipowners of the ship piloted.As the basis of the legal system of the pilot,this chapter makes necessary preparation for the rest of the thesis.Chapter Three is an introduction of the training,employment and legal protection of the pilot.The author collates and rearranges China's existing laws and regulations and explores such problems as the training,qualifications,employment procedures and contracts of the pilot.In Chapter Four,the author discusses the duties of the pilot,in details, professional ethics and differentiation of powers between the pilot and the master. This chapter is the basis of the legal liability of the pilot,which is to be addressed in Chapter Five.In Chapter Five,the highlight of this thesis,the author dissertates in three parts on administrative liability,criminal liability and civil liability of the pilot.In terms of criminal liability,several criminal acts connected with duties of the pilot are discussed.And in respect of civil liability,the author probes into who shall be liable for the negligence of the pilot,a puzzling problem,through analyzing existing laws, regulations and cases and making comparison between Chinese and foreign law.