论涉外海事案件的合并管辖和共同管辖——兼论一起涉外海事案的管辖

(一)涉外海事(商)案件的管辖权,亦称审判权,是指一国法院有权审理涉外海事案件的范围和依据,属国际司法管辖权。当国际管辖权确定后,才能按该国司法制度确定由哪个具体的法院来审理。如国际管辖遇法无明文或案无先例。

外派海员人身伤亡赔偿论

The personal casualty on the seaman employed abroad is one of the marine personal casualty conserning foreign affairs. The seaman himself and his family members enjoy the right of action. There is a relation of labour contract between the employed seaman and the shipowner, therefore the shipowner holds the contractual liability for the seamans personal easualty during the employment. Sometimes the shipowner’s act of tort can cause the seaman’s personal casualty, which forms the shipowner’s concurrence of civil liability. The author holds that the injured seaman himself and his family members should be allowed to choose the favourable legal norms for the indemnity from the shipowner. But in China,the personal casualty is provided as the liability for tort, consequently, the indemnity of Personal casualty caused from the non act of tort lose its legal basis,so the legislation should be improved.

再论一起涉外海事案件的管辖——兼与钱昔峰先生商榷

最近承蒙钱昔峰先生不弃，撰文——“论海事国际私法中的管辖权问题”(下称“钱文”)称：其“通过对现行中国海事诉讼法律规定中管辖权问题的分析”，“并结合案例(“金鹰一号”案——引者)详细分析了其存在的问题和法理根源”，“总结出我国涉外海事诉讼管辖的一般原则和具体做法”。