邮轮承运人若干法律问题研究

Research on Certain Legal Issues Involving Cruise Carriers

为了使邮轮运输合同中承运人的相关法律规定适应现代邮轮运输的发展需求,在明确从事进出中国港口的国际海上旅客运输合同的法律适用的基础上,主要根据我国《海商法》及有关国际公约,研究了邮轮承运人的含义、责任期间、赔偿责任、免责、赔偿责任限制等问题,最后提出我国邮轮承运人应当为其邮轮投保承运人责任险或者取得相应的财务担保,提供第三方保障,增设邮轮保险项目,明确邮轮旅客直接诉讼的权利,确立中国公民海上旅行的刑事司法管辖制度等几个亟需解决的问题.

The litigation on cruise carriers lags behind the development of modem cruise transport. Based on the application of certain provisions on the contract of international passenger transport by sea, this article deals with such issues as the concept of a cruise carrier, period of responsibility, responsibilities, exemptions, limitations of claims, and suggests that cruise carriers should get insurance or similar finance security against their responsibilities. It is also suggested that relevant laws should provide passengers with rights of suing the carrier directly as well as establish criminal jurisdiction on Chinese citizens traveling at sea.