The Study On The Tort Legal Liability For New-built Vessel Collision And Allision In Sea Trial

As a special maritime activity,the trial of a new-built vessel is still controversial in academic and judicial practice,and there is no answer to the liability party of the new-built vessel for maritime collision and allision infringement accidents.It is not clear about the related legal responsibility in judicial practice nowadays,so it is necessary to study it.The new-built vessel has completed hull construction and launched it during the trial voyage,which is different from the previously constructed vessel.It has mobility and has a special legal attribute.According to China’s current Maritime Law,if the ship is designed and constructed in accordance with the technical requirements of the ship at the beginning of construction and is movable after the sea test.It will have the possibility of being included in the scope of adjustment of the Maritime Law.In view of the limitations of the Maritime Law to the scope of application of ships.In order to comply with the rapid development of shipping industry and the trend of international legislation,it is necessary to clarify the scope of application of Maritime Law to ships.It is recommended that consideration be given to expanding the scope of adjustments to cover new vessels in the trial phase to meet the practical needs of production operations.Because there are so many participating subjects in the trial period of newly built ships,once there are collision and allision infringement accidents,the corresponding subjects of responsibility should be clarified.Based on the principles of employer’s responsibility and possession and management of ships,the shipowner is considered to be the qualified subject of collision and allision accidents during the new shipbuilding trial.As the trial vessel belongs to the ship under construction,the ownership of the vessel is disputed.Whether the owner is the buyer or the ship yard can be determined by means of ship registration,the agreement in the ship construction contract and the nature of the contract.From the point of view of the business matters and management services provided by the ship manager,the ship yard has the possibility of assuming tort liability as the ship manager.The ultimate responsible subject can be determined by judging whether it has an employment relationship with the actual controller of the ship and whether it satisfies the conditions for performing its duties.According to the legal status and the definition of the tort liability party,the new-built vessels should enjoy the right of limitation of liability for maritime claims when they meet certain conditions.Although the ship yard can not be regarded as the qualified subject of the limitation of liability for maritime claims in accordance with the current Maritime Law when the new-built vessel collision or allision during the trial voyage.However,in order to promote the integration of our legislation with international legislation,and to guarantee the orderly and healthy development of shipbuilding and insurance industry.It is necessary to grant this right to the ship yard.Of course,the application of limitation of liability for maritime claims system should be excluded in order to balance the interests of all parties.This includes the case of a trial ship that does not meet the requirements of Article 3 of the Maritime Law,a manifestation of the limitation of liability for maritime claims for loss,and a maritime infringement accident not caused by the fault of the master or crew.