我国涉外邮轮侵权纠纷法律适用研究

A Study on the Application of Law concerning Infringement Disputes on Foreign Cruises

随着邮轮旅游在我国的不断发展和邮轮船票销售模式的创新,邮轮旅游纠纷已不再局限于旅客与本国包船旅行社之间的旅游合同纠纷,邮轮旅客对境外邮轮经营人提起侵权诉讼的案例也时有发生。我国法院审理涉外邮轮侵权纠纷的最大障碍在于,我国对涉外海事侵权的冲突规范存在空白。基于对传统的涉外邮轮侵权纠纷的联结点,包括侵权行为地、船旗国、当事人合意的审视和批判,结合现代国际私法的代表性原则,可以得出结论,适用母港国法最符合最密切联系原则、公共利益保护原则和现代海事实践的要求。

With the continuous development of cruise tourism in China and the innovation of cruise ticket sales model, disputes over travel contracts between passengers and domestic chartered travel agencies are not the only form of cruise travel disputes and cases of infringement lawsuits against overseas cruise operators filed by cruise passengers frequently happen. The biggest obstacle for Chinese courts to try foreign -related cruise ship infringement disputes is the gap in China＇s eontlict norms on foreign - related maritime infringement. Based on the connection point of traditional foreign cruise ship infringement disputes, including place of infringement, vessel flag state and criticism of and the parties involved, a conclusion can be reached that the application of the law of host port is most in line with the requirements of the principle of the closest connection and the principle of public interest protection as well as the modern maritime practice, combined with the representative principles of modern private international law.