Wei Xiao

A CRITICAL EXAMINATION OF CHINESE LIABILITY LIMITATION RULE FOR THE SEA PASSENGER’S INJURY COMPENSATION

DOI: https://doi.org/10.24040/pros.07.05.2021.svp.308-316

Abstrakt

Liability limitation is a very important defense of the carrier by sea, which means the carrier could claim a limitation once the passenger alleged for compensation for his personal injury or death. China has a dual- orbit Liability Limitation system differentiating international and domestic carriage of passengers by sea, which results a big gap between the two types. This legislation mode is faced with challenges in recent years. Firstly, with the development of Chinese economy and the rising of Average National GDP, the domestic compensation limitation is sharply out-dated. In judicial practice, the judges had difficulties in application of these out-dated rules; secondly, the traditional international rule of Athens Convention has been revised by the newest protocol 2002. It is time that China should abolish the old rules and revise Chinese Maritime Code to match Chinese current needs and meanwhile to keep up with the developing trend of international rules, namely, the 2002 Amendment of Athens Convention.

Kľúčové slová

Carriage of Passengers by sea, Sea Passengers, Personal Injury Compensation, Limitation of Liability