论水上交通事故责任概念:界定和应用

Discussion about concept of liability for maritime traffic accidents:definition and application

针对长期以来人们对水上交通事故责任的概念界定存在争议,在实践中也存在应用模糊的问题,通过对事故责任和法律责任构成要件的比较分析,得出事故责任并不等同于法律责任,而是基于对事故当事方行为对事故发生的作用力有无和大小的判定。基于这种认识,从行政处罚、民事和刑事审判等角度,对水上交通事故责任概念在实践中的地位和运用进行辨析,明确事故调查报告和结论应当作为证据来对待。

In view of the controversy over the definition of the maritime traffic accident liability for a long time,which makes its application ambiguous,the constitutive elements between the liability of accidents and legal liability are compared and analyzed,and it is concluded that the accident liability is not equal to the legal liability,but is based on the judgment on the existence or non-existence of influence of the accident party behavior on accident occurrence and the extent of the influence. Based on this understanding,the position and application of the maritime traffic accident liability has been clarified respectively from the angles of administrative punishment,civil and criminal trial. It is indicated that the accident investigation reports and conclusions should be treated as evidences.