Research On The Legal Status And Legal Liability Of Shore-based Operators Of Unmanned Intelligent Ship

With the continuous development of technology,unmanned intelligent ships have attracted more and more attention in the international community,but at the same time,the emergence and development of unmanned intelligent ships also bring new challenges to the current legal system.At present,the legislation of unmanned intelligent ship and shore-based operator is still in an immature state,and the existing laws and regulations can not effectively regulate unmanned intelligent ship and shore-based operator,thus lead to the legal status of the two unclear,unclear legal responsibility.This paper analyzes the concept and classification of unmanned intelligent ship from the perspective of various countries,and makes clear that the object to be studied in this paper is the remote-controlled ship which has no seamen on board.From the function of the transport capacity and the seaworthiness of the nature of the argument,clear unmanned intelligent ships have“Ship” legal status.Facing the dispute of whether the shore-based operator can be regarded as a traditional crew member,this paper analyzes the occupational characteristics and rights and obligations of the shore-based operator and concludes that the shore-based operator can not be regarded as a crew member.According to the working mechanism of shore-based operator and the entrustment contract relationship between the operator and the carrier,the legal status of shore-based operator is defined as an independent contractor who signs a third-party contract with the carrier.On the basis of determining the legal status of the shore-based operator,the corresponding maritime legal liability is analyzed.This paper discusses in detail the responsibility of the shore-based operator for preventing collision based on the international regulations for preventing collision at sea when an unmanned intelligent ship encounters dangerous situations and special situations,and after the collision occurs due to the fault of the shore-based operator,liability of shore-based operators for collision violations under the1910 Convention on collision of ships;and where persons in distress are found in the course of maritime navigation,shore-based operator based on the“International Convention for the safety of Life at sea chapter 5 article 10 of the responsibility for life safety.”.In view of the unclear legal status and legal liability of the unmanned intelligent ships and shore-based operators under the current international conventions and corresponding domestic laws,this paper puts forward some suggestions to improve the current maritime legal rules.Including a clear interpretation of the legal status of unmanned intelligent ships and shore-based operators in relevant international maritime rules,to propose specific amendments to the international regulations for preventing collisions at sea,the 1910 convention on collision of ships and the International Convention for the safety of Life at sea,therefore,the collision avoidance liability of the shore-based operator,the compensation liability of ship collision and the responsibility of life safety rescue are confirmed.