海上人身伤亡赔偿制度研究
发布时间：2018-10-05 09:08
【摘要】：本文所探讨的海上人身伤亡损害赔偿是指权利人在海上、与海相 通的可航水域或与海密切相关的特定处所的经营、管理或服务活动中 生命权、健康权受到损害,由责任人给予赔偿的法律制度。按照不同 当事人之间各自的法律关系,责任人承担赔偿责任的基础和依据各 异。 在本文的探讨过程中,笔者并未囿于对《海商法》的偏爱,而是 对涉及海上人身伤亡赔偿的法律、法规和规章及司法解释都作系统的 分析,尤其注重运用民法基本原理分析海上人身伤亡赔偿的特别问 题。笔者从赔偿原则、归责原则、责任基础、责任限制、赔偿范围与 标准、精神损害赔偿等方面入手,对海上人身伤亡赔偿作全面分析与 探讨。 笔者通过对现有法律的疏理与思考,指出其存在的缺陷与不足, 并大胆提出自己的建议,如推动海上人身伤亡赔偿的特别立法,实行 强制责任保险制度,摈弃劳动仲裁前置原则,采用差额救济模式处理 工伤赔偿。笔者期望本文的探讨与建议能有助于海上人身伤亡赔偿制 度的发展与完善。
[Abstract]:The compensation for personal injury and injury at sea discussed in this paper refers to the operation of the right holder at sea, navigable waters connected with the sea or specific places closely related to the sea. The legal system in which the right to life and the right to health are impaired and compensated by those responsible in the administration or service. According to the legal relationship between different parties, the liability of the responsible person is different. In the course of the discussion, the author is not confined to the preference of Maritime Law, but to the law of compensation for personal injury and death at sea. Laws and regulations and judicial interpretations are systematically analysed, Especially pay attention to apply the basic principles of civil law to analyze the special question of maritime personal injury and injury compensation. The author starts with the principle of compensation, the principle of liability, the basis of liability, the limitation of liability, the scope and standard of compensation, the compensation for mental damage, etc. This paper makes a comprehensive analysis and discussion on the compensation for personal injury and death at sea. The author points out the defects and shortcomings of the existing laws, and puts forward his own suggestions, such as promoting special legislation for compensation for personal injury and death at sea. The compulsory liability insurance system is implemented, the principle of labor arbitration is abandoned, and the compensation for industrial injury is dealt with by the mode of differential relief. The author hopes that the discussion and suggestions in this paper will be helpful to the development and perfection of marine personal injury compensation system.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.294;D923
本文编号：2252811
[Abstract]:The compensation for personal injury and injury at sea discussed in this paper refers to the operation of the right holder at sea, navigable waters connected with the sea or specific places closely related to the sea. The legal system in which the right to life and the right to health are impaired and compensated by those responsible in the administration or service. According to the legal relationship between different parties, the liability of the responsible person is different. In the course of the discussion, the author is not confined to the preference of Maritime Law, but to the law of compensation for personal injury and death at sea. Laws and regulations and judicial interpretations are systematically analysed, Especially pay attention to apply the basic principles of civil law to analyze the special question of maritime personal injury and injury compensation. The author starts with the principle of compensation, the principle of liability, the basis of liability, the limitation of liability, the scope and standard of compensation, the compensation for mental damage, etc. This paper makes a comprehensive analysis and discussion on the compensation for personal injury and death at sea. The author points out the defects and shortcomings of the existing laws, and puts forward his own suggestions, such as promoting special legislation for compensation for personal injury and death at sea. The compulsory liability insurance system is implemented, the principle of labor arbitration is abandoned, and the compensation for industrial injury is dealt with by the mode of differential relief. The author hopes that the discussion and suggestions in this paper will be helpful to the development and perfection of marine personal injury compensation system.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.294;D923
【引证文献】
相关期刊论文 前1条
1 赵桂兰;;论我国船员海上人身伤亡损害赔偿之法律适用[J];海大法律评论;2008年00期
相关硕士学位论文 前3条
1 喻晖;海上侵权人身伤亡损害赔偿法律制度研究[D];上海海事大学;2007年
2 张f ;海上人身伤亡损害赔偿相关制度研究[D];上海海事大学;2007年
3 蒋凡;我国船员人身伤亡损害赔偿法律问题研究[D];大连海事大学;2010年
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