Study Of The Resolution Mechanism For The Cross-straits Maritime Tort Disputes

The enactment of direct flight, sea fare and postal services between mainland China and Taiwan has being realized, their communication has entered a new phase.A series of legal problems, however, will arise out of cross-strait economy and trade. Maritime trade playing an important role in the foreign economic intercourse of Taiwan for its special geographic location, marine related legal problems are inevitable during the cross-strait communication. There exist obviously inadequate legislation and legal conflicts in maritime tort as well as no cross-strait cooperation between mainland China and Taiwan, although they both have respective rules on maritime legal problems. How to settle cross-straits maritime tort problems concerns the persistently stable relationship between both shores, the vital interests of the people on both sides and the smoothing reunification.The author firstly provides a definition and theoretical statement about the cross-straits maritime tort disputes, and then analyzes the quality and traits of the disputes, which also demonstrates that the cross-straits maritime tort dispute belongs in essence to interregional law disputes and has its own features. Furthermore, this research presents the types of cross-straits maritime tort and matters about the application of laws and judicial assistance, which is followed by the comparison and contrast from the related legislative perspective as well as the rendering of the existing problems in current maritime tort laws. This research presents a rational reflection on the formation and reality of the cross-straits maritime tort and delivers of the resolution mechanism for maritime tort which can be referred to as a guidance on the basis of analysis over the cross-straits legal systems of resolving maritime tort disputes. Finally, based on current legislation on both sides, this paper delivers of a proposal that the two shores should employ the model where a special department for settling the maritime activities and commit to related judicial assistance in conformity with common rules and theories on dispute settlement mechanism.This research employing a researching method with a combination of theories and practice, it discusses about the maritime tort legislation in the districts of mainland China and Taiwan combined with the actual situations and legal practice of two shores. Meanwhile, this research compares current legislation of the two sides and analyzes the maritime tort theories of the districts of districts of mainland China and Taiwan through a comparatively researching approach.This research analyzes and renders related proposals on the current legislation based on the comparison of the current legislation of the districts of mainland China and Taiwan, which attempts to establish a meaningful and feasible resolution project for providing theoretic references for settling the future maritime tort disputes of the two shores, filling in the gaps in related research and ensuring the fine operation of direct air, sea and postal services and common development of economy, culture and law of and between the two sides.