船舶碰撞损害赔偿责任主体之认定

Confirmation of responsibility subject of ship collision

船舶碰撞损害赔偿责任主体的认定是一个重要且复杂的问题。通过分析认为,正确的认定方法应该是:以具体的案件事实为出发点,以侵权法中的替代责任原则为法理依据,以管理和控制船舶原则为认定规则,进而从聚合于船舶背后的繁杂的法律个体中甄别、确定真正应为船舶碰撞承担赔偿责任的适格的法律主体。

It＇s an important and complicated problem on confirmation of responsibility subject of ship collision. Through analysis, the paper supposed that three rules must be considered. The first is the case facts, the second is vicarious liability theory in tort law, the third is who is managing and controlling the ship. Only in this way, the genuine competency responsibility subject of collision can be found from the group interest individuals hiding behind the ship.