船舶通过VHF达成避碰协议的法律效力之探讨

On Legal Effectiveness from the Agreement on Preventing Collisions via VHF on Board Ship

船舶利用VHF协助避碰越来越为驾驶人员所接受。然而,通过VHF达成的避碰协议的效力却一直未被法律定性,由此而引发的碰撞事故尽管不多却成为海事审判中悬而未决的一大难题。随着VHF的使用在航海实践中日益普及,法律需要严肃面对这种由船舶之间的驾驶人员达成的避碰协议的法律效力问题。

It is widely accepted by navigators that ships preventing collisions at sea with assistance of VHF, but the effectiveness from the agreement on preventing collisions via VHF is not admitted by law so far. However, there is no so many accidents occurred in this case, yet it has been becoming a difficult problem during the maritime justice. Following the widely application of VHF on the marine navigation, it is needed that the navigators between two ships should achieve an agreement on preventing collisions legally. [