| The limitation system of liability for maritime claims is unique to maritime law and different from the special legal system of general damages in civil law.It has played a positive role in the steady development of maritime transport.The implementation of substantive law depends on the guarantee of procedural law,which embodies procedural justice and is the premise and basis for courts to resolve disputes and realize legal fairness.The limitation procedure of maritime claims liability is the procedural guarantee of the limitation system of maritime claims liability.Through the limitation procedure of maritime claims liability,the limitation principle of "one accident,one limit" is realized.With the formulation and promulgation of the Maritime Law of the People’s Republic of China and other laws and regulations,the standard of the substantive law of the limitation system of maritime claims liability is gradually completing its basic formation system.However,the Special Procedure Law of Maritime Procedure only establishes the establishment and distribution procedure of liability limitation fund for maritime compensation,the registration and compensation procedure of creditor’s rights.It does not provide a complete limitation procedure of liability for maritime compensation which can fully meet the needs of maritime adjudication.It not only brings a series of troubles to the hearing of disputes concerning limitation of liability.At the same time,it also seriously affects the realization of the entity rights limited by the parties’ liability.The international conventions on limitation of liability for maritime claims normalize the rules of procedure by submitting them to domestic law.In this regard,most countries have affirmed the important role of the confirmation procedure of limitation of liability right when they set up the limitation of liability liability procedure.However,at present,the confirmation procedure of limitation of liability right is not provided in our country.Besides,the provisions on some procedure issues are too general,so there are some obvious omissions.In order to solve the above problems,it is recommended to construct a complete maritime compensation limitation procedure based on the current fund procedure by using foreign legislation.In this way,the repeated implementation of relevant judicial procedures can be avoided,the efficiency of litigation can be improved,and creditors can be guaranteed compensation in time. |
