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Civil Legal Liability concerning Ship Collision under Maritime Code of China

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This article focuses on the study of civil legal liability concerning ship collision under Maritime Code of China. At first, it introduces the status of ship collision and the brief contents of this article. Secondly, it gives the definition and kinds of ship collision in China legal system. Thirdly, as the main part of this article, it introduces the application of law concerning ship collision, the principle of liability on ship collision and compensation for damage concerning ship collision in China. Finally, it makes some conclusions, pointing out the strongpoint and deficiency of China legal system concerning ship collision and bringing forward some litigation suggestions. The main method of study used in this article is that of comparative law and whenever appropriate comparisons are made among /between Chinese laws and laws of the Republic of Korea and some international conventions.

Abstract

This article focuses on the study of civil legal liability concerning ship collision under Maritime Code of China. At first, it introduces the status of ship collision and the brief contents of this article. Secondly, it gives the definition and kinds of ship collision in China legal system. Thirdly, as the main part of this article, it introduces the application of law concerning ship collision, the principle of liability on ship collision and compensation for damage concerning ship collision in China. Finally, it makes some conclusions, pointing out the strongpoint and deficiency of China legal system concerning ship collision and bringing forward some litigation suggestions. The main method of study used in this article is that of comparative law and whenever appropriate comparisons are made among /between Chinese laws and laws of the Republic of Korea and some international conventions.

참고문헌 (12)

  1. "Tutorial of Maritime Law" (2002), Beijing Beijing University Publishing House
  2. "Collection of Maritime Codes (Chinese", English), 2003, ~[DOI]
  3. "Maritime Trial in China" (2002), Beijing Law Publishing House
  4. "Comparison of Maritime Law" (1998), Beijing: China University of Political Science and Law Publishing House
  5. "Expatiation on the Maritime Code of China" (1995), Dalian Dalian Maritime University Publishing House
  6. "Maritime Code of the People's Republic of China" (1992)
  7. "Special Procedure Law of the People's Republic of China on Admiralty Action" (1999)
  8. "Commercial Act of Republic of Korea" (1990)
  9. "International Regulations for Preventing Collisions at Sea" (1972)
  10. "International Convention for the Unifications of Certain Rules of Law with Respect to Collision between Vessels" (1910)
  11. "International Convention for the Unification of Certain Rules concerning Civil Jurisdiction in Matters of Collision" (1952)
  12. "International Convention for the Unification of Certain Rules concerning Civil Jurisdiction Choice of Law and Recognition and Enforcement of Judgments in Matters of Collision" (1977)

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