Research On The Identification Of The Subject Of Collision Liability Of Unmanned Ships

When dealing with ship collision disputes,it is an indispensable prerequisite to accurately identify and determine the relevant responsible parties.The party responsible for the collision of the ship is determined.Only the relevant legal liability arising from the collision of the ship can be assumed,and the rights of the injured party related to the collision of the ship can receive timely relief.In recent years,unmanned ships have become a hot topic in the international maritime community.Since the biggest feature of unmanned ships is their high level of intelligence,which is quite different from traditional ships in terms of operation status and personnel allocation,it is necessary to define the legal status of unmanned ships.The determination of the responsible party for the collision of unmanned ships will also become a major issue.This is a prerequisite that must be resolved when dealing with disputes over collisions of unmanned ships.This paper takes the subject of unmanned ship collision responsibility as the research object.In terms of the frame structure arrangement of the article,the first chapter takes the problems existing in the identification of the main body responsible for the collision of the unmanned ship as the breakthrough point.Firstly,the concept,development history and future prospects of unmanned ships are summarized,and the considerable prospects of unmanned ships in shipping and the possibility of collision accidents are explained.Secondly,to define the legal status of the unmanned ship,which is the precondition for its application of the legal system of ship collision.In view of the special situation of unmanned ships,when determining the subject of collision liability,it is crucial to analyze the relevant legal issues.The identification and identification of the captain and crew is very important when dealing with ship collision disputes.Due to the characteristics of unmanned ships,when applying the current ship collision system,the concept of captain and crew needs to be expanded and explained.Regarding the liability of the opposite party in the new legal relationship,especially the autonomous navigation system software supplier,for the specific situation of the two types of unmanned ships,remote-controlled unmanned ships and autonomously sailing unmanned ships,the difficulties in determining the responsible subject of each are explained.The second chapter discusses whether the liability subject status of the traditional ship collision liability subject is affected when it is applied to the new situation of unmanned ships.This chapter starts from the existing principles and standards for the identification of the main body of ship collision responsibility,and specifically analyzes the feasibility of these principles and standards in identifying the main body of unmanned ship collision responsibility.After determining the relevant principles and standards,combined with the different situations of the owners of the two types of unmanned ships,the main body of responsibility is discussed.The main responsibility status of unmanned vessel charterers and operators is also discussed in detail.The third chapter identifies and determines the liability subject status of the opposite party in the new collision tort relationship when the unmanned ship collides.In view of the highly intelligent characteristics of autonomous sailing unmanned ships,the "product" nature of the software of the intelligent navigation system is identified,and then the responsibility subject status of the software supplier is identified according to the principle of no-fault responsibility for product quality.If an autonomously sailing unmanned ship collides due to due to product defect in unmanned ship control system,the software supplier shall bear the product responsibility for the occurrence of the collision accident caused by the product it produces,according to the principle of no-fault liability for product quality.In addition,combined with the specific situation,this paper analyzes that the unmanned ship does not have legal personality,and discusses that the unmanned ship itself cannot be the subject of responsibility.The forth chapter puts forward the relevant legal system improvement opinions under the framework of the existing legal system in response to the aforementioned problems,including clarifying the legal status of unmanned ships,determining the principles for the identification of the main body responsible for the collision of unmanned ships discussed above,clarifying the legal status and manning requirements of shore-based operators,and give software suppliers the right to limit liability for maritime claims.