The Research Of Collision Damage Compensation Liability

Ship collision is a kind of typical maritime tort; it’s always a hot issue in maritime justice. In this paper, several basic problems are selected, the concept of ship collision, fault in the ship collision and its standard of criterion, principles about liability for ship collisions damage.The first chapter, the concept of ship collision, with the development of the maritime shipping industry and maritime tort, it has become difficult for old concept to scientific and reflect the objective reality of the ship collisions. Maritime law scholars and judicial staff hold different point of view on the problem whether’indirect collision’is a kind of real ship collisions. Combined with the provisions of international conventions and national maritime law, supplemented by typical academic viewpoint and maritime judicial practice, this chapter stated some suggestions for the improvement of the ship collisions concept from personal view.Chapter Ⅱ, in order to explore the essential attribute of ship collision, it was compared with other similar infringement, and came to a collision that ship collision is a kind of special tort.Chapter Ⅲ, This chapter analyzed the classification of fault in the ship collisions; the general standard and special standard for ship collision were also compared.Chapter Ⅳ and Chapter Ⅴ were mainly about two important principles about responsibility for the infringement of ship collision damage, negligence liability principle and Comparative Fault principle.Chapter Ⅵ combined the current International Ship collisions’ developing trend with the new legislative experience from international conventions and foreign laws in order to improve the legislation of China’s ship collisions.