论在我国援用海事赔偿责任限制的性质及其影响

On the Nature and Influence of the Action of Invoking Limitation of Liability

目前 ,我国理论界对援用海事赔偿责任限制的行为是否为诉还存在颇多争议 ,基于此 ,本文通过对其他国家海事赔偿责任限制的适用程序的比较 ,在立足于我国《海事诉讼特别程序法》的基础上 ,分析在我国船舶所有人等援用海事赔偿责任限制的性质以及由此产生的影响 ,以期明确相关的理论和实践问题。

According to the Article 14 of the 1976 Limitation Convention, the implementation by the States Parties to the 1976 Convention required new thinking in the legislatures concerned, and it cannot be surprising that there are differences. The fundamental distinction is whether people make the action of invoking limitation of liability as a lawsuit against the maritime claimants. The maritime claimants' claims and the shipowners'pleading are based on the same right and duty, that is, the responsibility of compensation of the marine damage. The shipowners only claim to limit the liability, and there are no claims against the maritime claimants. Only the maritime claimants bring the claims, and there is the necessity that limits the liability. So, in China, the action of invoking limitation of liability is not a lawsuit, in respect of claims, the subject to limitation is still an action of performance.