公务船碰撞相关法律问题研究

发布时间：2019-02-18 21:34

【摘要】：作为一类特殊的船舶,公务船有其独特的法律地位,在维护一国的领土主权、海洋权益、海上秩序等方面扮演着重要的角色。近些年,在我国东海和南海海域频繁发生公务船碰撞事件,公务船碰撞也成为近段时间的热点问题。当公务船在执行公务时发生了船舶碰撞,此时应怎么处理、适用什么法律,有关国际公约和我国《海商法》均没有明确的规定。我国《海商法》不调整用于政府公务目的的船舶,对此其他国家和地区的规定也不尽相同。有些国家与我国一样,国内的海商法不调整公务船;有些国家国内的海商法调整公务船;国际公约大多也将公务船排除在调整范围之外。这使得公务船碰撞事故缺乏明确的法律依据。而当公务船碰撞存在涉外因素的介入时,情形会更加复杂,解决起来也更加困难。故不论是从实践意义还是理论意义上来看,公务船碰撞都具有一定的研究价值。本文将立足于公务船碰撞的各种情形,对公务船碰撞相关法律问题进行分析与探究,希望可以有助于公务船碰撞纠纷的合理解决。本文分为五个部分:第一章是公务船碰撞问题概述,对公务船进行了界定,介绍船舶碰撞与公务船碰撞的含义以及公务船碰撞的常见情形,并分析了有关公务船碰撞的国际公约和各国(地区)立法现状;第二章是公务船碰撞的国家豁免问题,分析和探讨了当公务船碰撞有涉外因素介入时的国家豁免问题;第三章是公务船碰撞的法律适用问题,试图在公务船碰撞纠纷没有特别法依据的情况下从一般法中寻找合适的法律依据;第四章是公务船碰撞的索赔途径问题,论述了公务船碰撞各种情形下的索赔途径;第五章是解决公务船碰撞问题的法律建议。分别从国内法和国际法的角度提出了法律建议,希望能够为公务船相关立法提供帮助与思路。
[Abstract]:As a special kind of ship, official ship has its unique legal status and plays an important role in safeguarding a country's territorial sovereignty, maritime rights and interests, maritime order and so on. In recent years, there are frequent official ship collisions in the East China Sea and the South China Sea, and official ship collisions have become a hot issue in recent years. When a ship collides in the execution of its official duties, there are no clear provisions on how to deal with it and what laws should be applied, as well as the relevant international conventions and the maritime law of our country. China's Maritime Law does not adjust ships used for government business purposes, and the regulations of other countries and regions are also different. Some countries, like our country, do not adjust the official ship in the domestic maritime law; in some countries, the domestic maritime law adjusts the official ship; most of the international conventions exclude the official ship from the scope of adjustment. This makes the official ship collision accident lack of clear legal basis. When there are foreign factors involved in the collision, the situation will be more complex and more difficult to solve. Therefore, from the point of view of practice and theory, the collision of official ships has certain research value. Based on various situations of official ship collision, this paper analyzes and probes into the legal problems related to the official ship collision, hoping that it can be helpful to the reasonable resolution of the civil ship collision dispute. This paper is divided into five parts: the first chapter is an overview of the problem of official ship collision, defines the official ship collision, introduces the meaning of ship collision and official ship collision, as well as the common situation of official ship collision. It also analyzes the current situation of the international conventions on collision of official ships and the legislation of various countries (regions). The second chapter is the state immunity of official ship collision, and analyzes and discusses the state immunity problem when the official ship collision involves foreign factors. The third chapter is the legal application of the collision of official ships, trying to find the appropriate legal basis from the general law in the case that there is no special law basis in the collision dispute of official ships; The fourth chapter is about the way to claim for collision of official ships, which discusses the ways of claim under various circumstances of collision of official ships, and the fifth chapter is the legal advice to solve the problem of collision of official ships. From the point of view of domestic law and international law, this paper puts forward some legal suggestions, hoping to provide help and ideas for the relevant legislation of official ships.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294

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