| Although the world shipping development trend is depressed in recent years,the development of China’s shipbuilding industry has been continuously improving,which also leads to the continuous occurrence of disputes in the trial of ships under construction.In China’s judicial practice,it is considered that the limitation of liability for maritime claims(LLMC)cannot be applied to the trial of ships under construction.However,due to the ambiguity of the current legislation of Maritime Law,such a judgment has been widely questioned in the academic circles.Therefore,this paper focuses on the particularity of the sea trial of the ships under construction and analyzes whether this kind of ship has the rationality to enjoy LLMC.In order to clarify the applicability of LLMC in the trial of ships under construction,this paper will discuss the following issues: first,what is the meaning and the legal status of ships under construction during the trial;The second is what provisions are made in CMC on the constituent elements of LLMC;Third,what is the legislative purpose and value of LLMC;The fourth is what provisions are made in extraterritorial legislation on this issue;The fifth is how to stipulate and clarify the applicability of LLMC for ships under construction in legislation.In addition to the Introduction and Conclusion,the article is divided into four chapters.Chapter one aims to make a clear definition of the concept of ships under construction.In addition to clarifying that ships under construction in the trial stage discussed in this paper refers to the ships during the construction which has been launched,chapter one also explains the content of the trial of ships under construction and the risks it faces.Chapter two starts from the perspective of interpretation theory to analyze that whether ships under construction during the trial can enjoy LLMC.According to the analysis,it goes to the conclusion that ships under construction during the trial cannot strictly match the subject of right and the claims subject to limitation of LLMC,and it is then concluded that ships under construction during the trial does not meet LLMC?s applicable conditions.Chapter three discusses whether the trial of ships under construction is consistent with LLMC in terms of legislative purpose and value pursuit from the perspective of legislative theory.Through the analysis of the legislative value of LLMC and the regulation status of the trial ships in China,the trial of the ships under construction do not conform to the value pursuit and justice of LLMC,nor can it achieve the policy goal of the development of shipping industry.Therefore,from the perspective of legislation,it should be considered that the trial of a ship under construction does not have the rationality to apply LLMC.Based on the conclusions of the previous three chapters,the fourth chapter puts forward suggestions to improve the current legislation and trial safety supervision system in China.According to the analysis of the first three chapters,the sea trial of ships under construction is not reasonable to apply LLMC either from the perspective of legislation or interpretation.In order to provide the legal basis for judicial judgment,it is necessary to clarify this issue through legislation.In addition,due to the ships under construction during the trial still have to face great risks,it is necessary for China to formulate regulations especially for the safety of sea trial and improve the administrative supervision of sea trial safety in maritime department. |
