Research On Collision Liability Problem In Multi-ship Collision

With the development of China’s economy and maritime transportation,maritime transportation has become a very common mode of transportation.However,there are more and more ship collision accidents.Among them,multi-ship collision accident,a special situation of ship collision,has gradually appeared in people’s vision.Chinese Maritime Code does not limit collision to two ships,but most of the theoretical and practical researches are related to collision between two ships,while there are very few researches on collision between multiple ships,and there are no special regulations on collision between two ships in China.Therefore,according to the provisions of Chinese Maritime Code on ship collision and the relevant provisions of international conventions,this thesis discusses the legal focus of multi-ship collision and studies the collision liability in multi-ship collision.This research is of great significance to the analysis and settlement of multi-ship collision cases in judicial practice.The main body of this thesis consists of four chapters.The first chapter,overview of multi-ship collision.First of all,a case is used to introduce multi-ship collision,analyze the focus of dispute and judgment of the case,and then define multi-ship collision according to relevant international conventions and the provisions of Chinese Maritime Code,so as to analyze the legal relationship and liability division of multi-ship collision accident.Then,according to the constitutive requirements of ship collision,this thesis studies the special characteristics of multi-ship collision and analyzes the constitutive requirements of multi-ship collision.After that,the legal focus of multi-ship collision is briefly summarized.The second chapter is the study of the legal relationship and the determination of causality of multi-ship collision.In legal practice,it is common for multiple ships to collide before and after,so it is proposed to analyze the situation of multi-ship collision by stages and analyze the legal relationship between the parties concerned.Secondly,causality is an important classification standard to distinguish the types of multi-ship collisions.This thesis analyzes the causality of multi-ship collisions in detail and discusses how to determine the causality when there are intervening factors.In addition,other special cases of multi-ship collision are simply analyzed.The third chapter,the responsibility division of each responsibility subject under multi-ship collision.Firstly,the principle of fault analysis and liability for collision is clarified,and whether multi-ship collision is also applicable is explored.Secondly,it studies the cases in judicial practice and points out the limitations of liability determination for multi-ship collision in judicial practice.After that,the thesis analyzes the different methods of proportion division of liability for multi-ship collision,what are the advantages and disadvantages of the two methods,and which method is more reasonable for different multi-ship collision situations.Finally,combined with the maritime liability limitation accident system to prove the value of multi-ship collision research.The fourth chapter analyzes the current situation of legislation on collision of ships in China and puts forward a series of suggestions on the legal application of multi-ship collision.