Study On Legal Issues Of Liability Determination For Water Traffic Accidents

The determination of liability for water traffic accidents refers to the unilateral act of the Maritime Safety Administration after investigating the cause of the accident,determining the nature of the accident and dividing the size of mutual liability for the status and role of the parties in the accident.As the determination of liability for water traffic accidents involves the affirmation and division of the parties’ accident liability,the issue of its justiciability has been a continuous debate within the academic sphere.Although the amended Maritime Traffic Safety Law has rendered the maritime traffic accident liability determination as evidence in handling maritime accidents,there remains differing academic views regarding the justiciability of the determination of liability in water traffic accidents.A systematic discussion of the administrative justiciability and related legal issues of the determination of liability for water traffic accidents from the perspective of administrative law is still of great significance to the improvement of the relevant legal system.The theoretical root of the legal nature of the determination of liability in water traffic accidents lies in the theory of administrative actions.The definition of administrative actions should adopt a relatively broad "administrative power" standard,emphasizing the official nature of the actions made by the administrative agency.As an act made by the Maritime Safety Administration in accordance with relevant legal authorizations and to fulfill its statutory duties,the determination of liability in water traffic accidents possesses features such as officialdom,professionalism,and subjectivity,and thus should be classified as an administrative action.At the same time,the determination of liability in water traffic accidents confirms the relevant legal facts of the accident and the legal status of the parties involved.It is manifested in specific forms like the accident liability determination certificate or investigation report,which align with the concept and characteristics of administrative confirmation actions.In addition,according to relevant legal provisions,the expression forms of liability determination,such as the accident liability determination certificate,can serve as evidence for handling accidents and have indeed achieved a dominant evidence effect in maritime administrative management,civil litigation,and even criminal litigation.The evidentiary nature of an administrative action does not contradict or conflict with its administrative nature.The use of its manifestation as evidence due to the official force of the administrative action is a common practice in judicial practice.Hence,the determination of liability in water traffic accidents possesses a dual nature of both evidentiary and administrative action attributes.The administrative justiciability of the determination of liability in water traffic accidents has been a continuous academic debate due to differing understandings of its legal nature.According to the general principles of justiciability,the criterion for determining the justiciability of administrative actions should be based on the scope of cases accepted in administrative litigation.Considering the affirmative and negative provisions related to the scope of cases in the Administrative Litigation Law and judicial interpretations,the standard for administrative justiciability in China is the subjective right protection standard and the objective standard of actual impact of administrative actions.Based on the broad definition of administrative actions,the key to the issue of administrative justiciability lies in whether it has a practical impact on the rights and obligations of the counter-party.In conjunction with a systematic interpretation,the actual impact should be understood as the legal interest relationship.The determination of liability in water traffic accidents has a practical impact on the parties’ subsequent administrative liability,tort liability,and even criminal liability,and therefore,in academic theory,should possess administrative justiciability.Currently,the parties involved in water traffic accidents cannot file administrative litigation or request administrative review regarding the determination of accident liability.The lack of avenues for relief regarding the determination of maritime traffic accident liability significantly inhibits the protection of their legal rights and interests and urgently needs to be addressed.The relief system for the determination of liability in water traffic accidents should establish a two-tiered model of administrative and judicial relief.On the administrative relief level,a unified review system for the determination of liability in water traffic accidents should be established,with detailed provisions made for aspects such as the review agency,the statute of limitations for applications,acceptance conditions,personnel qualifications,and review conclusions.On the judicial relief level,it should be clarified that administrative litigation serves as the last line of defense for the parties’ rights,and the requirement for administrative review as a prerequisite procedure for administrative litigation should be established by law.The scope of judicial review of the determination of liability in water traffic accidents should maintain judicial restraint,focusing mainly on legality reviews and generally avoiding judgments on accident facts,in respect of the professional judgment of the administrative agency.In addition,it is crucial to ensure effective connections between administrative litigation and other litigation procedures to avoid wastage of judicial resources through recurring lawsuits.