引航员法律制度研究
发布时间：2018-09-09 17:19
【摘要】： 引航员法律制度是海商法领域一个非常边缘的学科分支,无论在国内还是国外,对引航员法律制度的研究均不多见,全面的研究更是没有。然而,引航员法律制度对于中国这样一个航运大国具有重要意义,因为它不仅关系到引航业当前与未来的发展,在港口和航运事业中也起着不可忽视的作用。鉴于此,本文以引航员为主题,以中国法为主要依据,对引航员法律制度作一全面、系统的论述。 本文第一章回顾了引航员法律制度的历史演进,并按时间顺序分为古代、近代和现代三个部分,简要叙述了在不同的历史时期引航员法律制度的产生和变迁。 第二章阐述了引航员的法律地位,分节叙述了引航员的概念、种类、法律性质,并分析了引航员与相关部门如引航机构、被引船舶所有人等之间的关系。引航员法律地位作为引航员法律制度的基础,为后面的章节作了必要的铺垫。 第三章讲述了引航员的培训、任用与法律保护。本章整理了我国现有的法律法规,对引航员的培训、任职资格、任用程序、聘用合同等问题一一加以阐述。 第四章叙述了引航员的职责,主要分析了引航员职业道德、引航员与船长的权限划分。本章的内容也是第五章所要讲述的引航员法律责任的基础。 第五章是本文最为重要的一个章节,分三节分别阐述引航员的行政法律责任、刑事法律责任和民事法律责任。其中,刑事法律责任主要围绕几个与引航员职责密切相关的犯罪展开,而民事法律责任则通过分析现有法律法规、相关案例,并与外国法进行比较,探究引航员的过失应当由谁承担责任这个令人困惑的问题。
[Abstract]:The legal system of pilots is a very marginal branch in the field of maritime law. No matter at home or abroad, there are few studies on the legal system of pilots, and no comprehensive research. However, the legal system of pilots is of great significance to a large shipping country like China, because it not only relates to the current and future development of pilotage, but also plays an important role in the port and shipping industry. In view of this, this article takes the pilot as the theme, takes the Chinese law as the main basis, makes a comprehensive and systematic discussion to the pilot's legal system. The first chapter reviews the historical evolution of the legal system of pilots and divides it into three parts: ancient modern and modern according to the order of time and briefly describes the emergence and changes of the legal system of pilots in different historical periods. The second chapter describes the legal status of the pilot, describes the concept, types, legal nature of the pilot, and analyzes the relationship between the pilot and the relevant departments, such as pilot agencies, the owner of the cited ship, etc. As the basis of the legal system of pilots, the legal status of pilots makes a necessary foundation for the later chapters. The third chapter deals with the training, appointment and legal protection of pilots. In this chapter, the existing laws and regulations of our country, the training of pilots, qualifications, appointment procedures, employment contracts and other issues are expounded. The fourth chapter describes the duties of the pilot, mainly analyzes the professional ethics of the pilot and the division of authority between the pilot and the captain. The content of this chapter is also the basis of the legal liability of the pilot. Chapter five is one of the most important chapters in this paper, which is divided into three sections: administrative liability, criminal liability and civil liability. Among them, criminal liability mainly revolves around several crimes closely related to the duties of pilots, while civil legal liability is compared with foreign law by analyzing existing laws and regulations, relevant cases, and comparing them with foreign laws. Explore the puzzling question of who should be held responsible for the pilot's fault.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D996.19;D922.294
本文编号：2233059
[Abstract]:The legal system of pilots is a very marginal branch in the field of maritime law. No matter at home or abroad, there are few studies on the legal system of pilots, and no comprehensive research. However, the legal system of pilots is of great significance to a large shipping country like China, because it not only relates to the current and future development of pilotage, but also plays an important role in the port and shipping industry. In view of this, this article takes the pilot as the theme, takes the Chinese law as the main basis, makes a comprehensive and systematic discussion to the pilot's legal system. The first chapter reviews the historical evolution of the legal system of pilots and divides it into three parts: ancient modern and modern according to the order of time and briefly describes the emergence and changes of the legal system of pilots in different historical periods. The second chapter describes the legal status of the pilot, describes the concept, types, legal nature of the pilot, and analyzes the relationship between the pilot and the relevant departments, such as pilot agencies, the owner of the cited ship, etc. As the basis of the legal system of pilots, the legal status of pilots makes a necessary foundation for the later chapters. The third chapter deals with the training, appointment and legal protection of pilots. In this chapter, the existing laws and regulations of our country, the training of pilots, qualifications, appointment procedures, employment contracts and other issues are expounded. The fourth chapter describes the duties of the pilot, mainly analyzes the professional ethics of the pilot and the division of authority between the pilot and the captain. The content of this chapter is also the basis of the legal liability of the pilot. Chapter five is one of the most important chapters in this paper, which is divided into three sections: administrative liability, criminal liability and civil liability. Among them, criminal liability mainly revolves around several crimes closely related to the duties of pilots, while civil legal liability is compared with foreign law by analyzing existing laws and regulations, relevant cases, and comparing them with foreign laws. Explore the puzzling question of who should be held responsible for the pilot's fault.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D996.19;D922.294
【引证文献】
相关硕士学位论文 前2条
1 柳高扬;船舶引航法律问题研究[D];大连海事大学;2012年
2 马武彬;提升深圳引航服务质量的对策研究[D];大连海事大学;2012年
，本文编号：2233059
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