Research On Administrative Legal Liability Of Pilot Mechanism And Pilot Nnder Compulsory Pilotage

In March 2021,a report from the International Group of Protection and Insolvency Associations summarized pilot-related ship accidents.From 1999 to 2019,the average number of pilot-related collisions per year was 52.The Shipowners Mutual Insurance Association faces a whopping $1.82 billion in claims for pilot-related accidents.The average cost per pilot-related accident was $1.74 million.And the report also mentions the Suez Canal "Long Gift" incident.Was the Suez Canal’s pilot authority responsible for the "Long Gift" incident due to a history of corruption or willful negligence of the pilot’s violation of regulations? This topic has attracted the attention and discussion of scholars,which has also led to the "pilotage industry" becoming the focus of many scholars.The loss caused by pilotage is so large that our country has to pay attention to the reasonability of pilotage not bearing the economic compensation liability because of pilotage accident caused by pilotage behavior.In a pilotage accident,regardless of whether the pilotage party is intentional or negligent,the pilotage party shall not be liable for economic compensation,but only for administrative and criminal liabilities according to Chinese laws,regulations and judicial practices concerning pilotage.The economic loss is borne by the pilotee and the third party,which is not reasonable from the perspective of legal fairness and rationality,and has been denied by many scholars.Under the circumstances of frequent pilotage accidents and the need for further improvement of the pilotage’s internal management,the administrative liability of the pilotage in China only exists the liability of administrative punishment and punishment,but not the liability of economic compensation.The imperfect administrative legal responsibility of pilot is obviously not conducive to the development of pilot industry.Therefore,our country should pay more attention to the improvement of the pilot’s administrative legal responsibility.From the perspective of administrative legal liability in the narrow sense of administrative law,this thesis analyzes and discusses the pilot’s responsibility for administrative compensation and administrative recovery under compulsory pilotage:Firstly,this thesis briefly defines the concepts of pilotage,compulsory pilotage and non-compulsory pilotage.By classifying pilotage and comparing compulsory pilotage with non-compulsory pilotage,the concept of compulsory pilotage can be defined more clearly.Secondly,this thesis discusses the administrative legal status of the pilot.This paper analyzes the administrative subject status of the pilot agency under compulsory pilotage,and the duty behavior of the pilot is the pilotage behavior of the pilot agency,and the pilot agency has the administrative management right over the pilot.The relationship between the pilot and the piloted party is a cooperative relationship.The pilot has a high command over the ship,but is not in the position of "consultant".Therefore,the pilot should assume certain responsibilities for the ship to be piloted,and the responsibility of the pilot to the ship is also the responsibility of the pilot organization to the ship.In addition,combining with the nature of non-compulsory pilotage,this thesis analyzes the nature of the administrative act of compulsory pilotage,and on the basis that the nature of the act determines the nature of the contract,it makes clear that the nature of pilotage contract is defined as an administrative contract.Thirdly,because the administrative legal liability is a very broad concept,it is necessary to make clear that the administrative legal liability to be studied in this thesis is the administrative compensation liability of the pilot agency and the administrative recovery liability of the pilot.Then through the analysis of the case,to understand the corresponding practices of various countries,and then conclude the feasibility of China’s pilot agency to assume the administrative recovery responsibility and the pilot to assume the administrative compensation liability after the pilot agency to assume the feasibility of the administrative recovery responsibility.Finally,it summarizes the whole text and puts forward the definition of pilotage contract as administrative contract.Then it proposes to set up the administrative compensation liability of the pilotage agency,and the pilotage agency shall bear the economic compensation liability for the economic loss caused by the pilotage accident.Finally,it is proposed that after the pilot agency bears the administrative compensation liability,it has the right to recover from the pilot internally and set up the administrative compensation liability of the pilot.