论军舰与商船碰撞之法律适用

The Proper Law for Collision Between the Warship and the Merchant Ship

军舰与商船之间发生碰撞容易引起一系列复杂的问题。本文试图对解决军舰与商船碰撞事故而引起的法律问题进行分析。笔者认为,在大多数情况下,只有军舰旗国的法院具有管辖权,适用的准据法应为军舰旗国法;调整双方当事人的法律关系的实体法应类推适用海商法的有关规定。

It is a thorny problem to deal with the collision between a warship and a merchant ship or ships. This paper aims at finding the proper law to solve this problem. In most cases, only the court of the state of the warship's flag has jurisdiction and the proper law should be the law of thig state. Moreover, the substantive law should apply to the regulations of mari time law on the analogy of the cellision between merchant ships.