责任限制制度的适用理念与立法调适--以《海商法》修改为中心

The Legislative Theory and Adaptation of the Limitation of Liability System-Centered on the Revision of the Chinese Maritime Code

责任限制制度偏离完全赔偿原则的合理性在当前主要归因于其在提高风险和责任分配效率方面的积极价值,并能与责任保险机制配合保障债权人得到实际受偿。但责任限制制度在合同和侵权领域的适用因可预见性和可选择性的不同而存在差异。基于人身权益保障的法律政策考量以及人身保险与财产保险运作机制的不同,责任限制制度对人身和财产损害的适用也有所区分。同时,调整对象的商事化差异也会带来对责任限制制度的差别需求。以《海商法》为代表的相关立法需要综合考虑上述共性价值和适用区分,对责任限制制度的扩张适用以及责任限额的设定作出恰当调适。

The rationlity of the limitation of liability system deviating from the principle of full indemnity is mainly attributed to its positive value in improving the efficiency of the allocation of risk and liability,and cooperating with the liability insurance mechanism to guarantee actual compensation for the creditors.However,the application of limitation of liability system varies in the field of contract and tort where the predictability and selectivity are different.A distinction is also made between the application of the limitation of liability system to personal and property damages,considering the legal and policy protection of personal rights and interests and the difference between the operation mechanisms of life insurance and property insurance.The difference in commercialization of adjustment objects in the meantime will also bring about the difference in demand for the limitation of liability system.The relevant legislation represented by the Chinese Maritime Code needs to take into account the above-mentioned common values and application distinctions,so as to make appropriate adjustments to the expanded application of the limitation of liability system and the setting of amount of limitation of liability.