Dissertation > Excellent graduate degree dissertation topics show

On the Principles of Responsibility Nautical Fault

Author: ShiShengKe
Tutor: YinDongNian
School: Shanghai Maritime University
Course: International Law
Keywords: liability basis system immunity navigation neglect legal economics
CLC: D996.19
Type: Master's thesis
Year: 2001
Downloads: 320
Quote: 9
Read: Download Dissertation

Abstract

Carrier's breach of China's Maritime Law in the transport of goods by sea, the imputation of responsibility to take the principle of fault liability, but its Article 51 also provides that \of the ship, \, Maritime Law Scholars call the incomplete fault liability system. The basis of the responsibility of the shipper is at fault, at the same time have been made by the secured nature of the provisions of Article 68, which states that in terms of our judges and maritime court that the shipper should be strict liability. Be seen from the above analysis, China's maritime law, between the carrier and the shipper rights and obligations is unbalanced. May constitute a greater harm due to dangerous goods on the ship and the lives of persons on board, and only the shipper is the most understanding of the people of dangerous goods, but also to take measures to prevent the risk of occurrence of the most suitable candidate, so make it a consignment of dangerous drugs assume strict liability, I think it is understandable; For the carrier may be the fault of the crew navigating the ship and the management of the ship Disclaimer sailing conditions today, I do not think properly. This article from the following aspects are discussed: (a) analysis of the course of development of the Principles of Responsibility, the evolution of the basic concepts of the Civil Code (that is, the civil law standard) from the non-legitimacy the macro legal principle abstract argumentation nautical fault exemption; principle of culpability attributable to objectively subjective imputation of development, show that the denial of human subjective fault, although there have been some fault exemption under the principle of autonomy, but all countries give a limit. Development of strict liability in civil law countries is aggravated fault liability based on the debtor's obligations. The form of a law, the maritime law require fault exemption, a departure from the basic moral values ??of the individual to be responsible for no fault of their own, in violation of the Attribution Principles negation fault, and appropriately increase the value of the debtor's liability Orientation imputation concept development trend The rebellion. The basic concept of the law from the obligation based to a rights-based development, mankind free from the obligations \Standard of right to the evolution of the social standard, is the inevitable result of economic development, and that dependencies between personal enhancement, for the common development with due emphasis on the social and public interests has become necessary to protect vulnerable groups into the law is just one of the manifestations. In the carriage of goods by sea, the majority of the cargo shipper \The existing nautical fault exemption shows just the contrary, can not be regrettable. Free On the Principles of Responsibility nautical fault Holland Stone St., Shanghai Maritime University Branch (2) the use of economic analysis of law, the argument from the micro Nautical Fault inefficiencies; look at the analysis of the configuration from the responsibility of the consequences: Because the owner directly control of the ship, its cost control than the owner of the control cost is much lower. Especially from the perspective of the insurance, the risk insured by the owner, not any incentive effect, because the driving behavior is no direct relationship with shippers, shippers can not control the ship. When the risk assigned to shipowners who results to differ materially. Liability insurance of the ship, the popular practice of insurance companies bear 314 of the responsibility of the third party liability only, the rest of the 114 responsibility to be borne by the owner himself, the owner in an effort to reduce losses, only in avoiding accidents make a fuss . The direct result is to reduce maritime accidents, saving a lot of social wealth. From the social costs of the law and economics theory, this responsibility configuration is desirable, it is reasonable. Fault liability is mandatory by law to cancel the carrier's driving the ship fault, and the management of the ship, in line with the law and economics of the legal concept of development, and that the legal operation of the society, the evolutionary process of the allocation of resources is the lowest transaction costs as the principle, constantly reconfigure rights adjustment process rights structure and change implementation procedures. Contrast, the demonstration of the social conditions of the past and present (c) the use of the navigation cancel the possibility of Nautical Fault; development of modern science and technology, shipping companies control the ship is underway it possible to overthrow the \navigating the ship, the management of the ship, the biggest reason of negligence rabbit Select a shipping company can not control the behavior of the crew at sea; same time, the development of science and technology, to shorten the ship underway time, the ship and shore and other vessels to keep in touch as possible, in order to to ease the the crew psychological problems, to solve the crew physiological tired, and provide an effective means; ship level of automation to improve, especially the step-by-step use of artificial intelligence; replace many of the traditional tasks that must be performed by the crew, greatly reducing the labor intensity of the crew. The in-depth study of modern behavioral science, psychology, management science and the results achieved, we shipping companies targeted for seafarers behavior and psychological management and grooming. In short, under the existing scientific conditions, the shipowner to the effective management of the ship is underway, it is unfair to ask the the nautical fault rabbit responsibility accrued responsibilities to shippers and social and immoral. (D) visits worldwide reality legislation idler conditions Nautical Fault and its development trend, demonstrated cancel the feasibility of Nautical Fault. Ceased to exist as early as in the fifties and sixties had noticed the economic base of Nautical Fault advocated the abolition of Nautical Fault becoming the voice, the efforts of the landlocked country on behalf of the interests of the owner, in 1978 cited the Plenipotentiary Conference Day held in Hamburg, Germany, from 78 countries participated in the March through the negation of Nautical Fault \Cancel the driver's the ship fault and barge negligence provisions of the rabbit responsibility. In order to protect its national interests, the United States Congress in On the Principles of Responsibility and nautical fault exemption Shanghai Maritime University, 1999 Stone St. Branch \Interestingly, the draft proposed American COGSAI 999 soon as one of the conservative members of the Commonwealth of Canada immediately introduced waterway cargo transportation method pills visible from above the legislation, cancel Nautical Fault is becoming a national Maritime Carrier System trends. Finally, the paper examines the I?

Related Dissertations

CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
© 2012 www.DissertationTopic.Net Mobile