论船级社对第三人的法律责任

发布时间：2018-08-08 15:25

【摘要】：船级社的地位在航运界和海洋工业领域的地位和重要度是不言而喻的。但是对于行业领域以外的人来说，船级社通常是个陌生的名词。甚至常常会被误以为是船籍社。船级社成立之初,其目标就是维护海上财产,生命的安全和维护环境的优化(To safeguard life property and environment)。所以在船级社二百多年的发展过程中,起初各国的法律都考虑到船级社本身的中立性质和他的使命而判定船级社不承担赔偿责任。但是随着航运界的发展和各国对船级社政策观念的转变,近年来对船级社不判赔的传统已经被打破,而且由于航运及其相关产业的高风险性和资本密集性，，历史悠久偿付能力强的船级社已经成为相关利益人寻求救济的目标,非常遗憾的是船级社不受海事赔偿责任限制制度的保护,所以其面临的风险不容小觑,目前针对船级社提起诉讼的情况成增长趋势,如果是与船级社有合同关系的当事人提起诉讼,船级社尚可借助双方合同中的免责和限制责任条款来抗辩,如果是第三人对船级社提起诉讼,船级社又当如果应对? 鉴于此,笔者结合自己在挪威船级社的工作经历,探讨船级社对第三人法律责任问题。研究的问题归结为以下三个，首先是船级社对第三人责任的类型和范围。其次是船级社对第三人承担侵权责任的归责原则和构成要件，在这部分，笔者会结合各国的案例，来阐述为何应当适用过错责任原则来确定船级社侵权责任。最后分析船级社责任承担方式和利用哪些保护性制度来减轻自身承担责任的风险。时至今日，针对船级社责任的法律研究和相关立法都比较欠缺，航运界关于船级社法律责任的界定和责任限制问题仍争论不休。船级社法律责任，是民商法中一个很有意义的课题。我希望这篇文章，能使诸位对船级社的特殊法律地位有所了解，并对如何向第三人承担责任的研究有所裨益。
[Abstract]:The status and importance of the status of the classification society in the shipping and marine industry is self-evident. But for people outside the industry, the classification society is usually a strange noun. It is often mistaken for the ship's club. At the beginning of the establishment of the classification society, the goal was to protect the maritime property, the safety of life and the maintenance of the environment. The optimization (To safeguard life property and environment). So in the course of the more than 200 year development of the classification society, at first the laws of all countries took into account the neutral nature of the classification society and his mission, and decided that the classification society would not be liable for compensation. In recent years, the tradition of non compensation for the classification society has been broken. And because of the high risk and capital intensity of the shipping and related industries, the ship class society with long history and solvency has become the target of seeking relief for the relevant stakeholders. It is very regrettable that the classification society is not protected by the limitation of maritime liability, so it is faced with the problem. The risk can not be underestimated. At present, the case of filing a lawsuit against the classification society has become a growing trend. If a party who has a contractual relationship with the classification society has brought a lawsuit, the classification society can resort to the disclaimer and restriction clause in the contract. If it is the third party to bring a lawsuit to the classification society, if the classification society should respond to it?
In view of this, the author, in connection with his own experience in the Norway classification society, discusses the legal responsibility of the classification society to the third people. The problem is attributed to the following three issues, first of all, the type and scope of the responsibility of the classification society to the third party. Secondly, the principle and the constitutive requirements of the Classification Society for the third persons to bear tort liability, in this part, the author It will combine the cases of various countries to explain why the principle of liability for fault should be applied to determine the tort liability of the classification society. Finally, it analyzes the ways of bearing the responsibility of the classification society and what protection system can be used to reduce the risk of its own responsibility.
Today, the legal research and relevant legislation for the classification society are relatively deficient. The definition of the legal responsibility of the shipping community and the limitation of the liability are still debated. The legal responsibility of the classification society is a very meaningful subject in the civil and commercial law. I hope this article will make all of you the special legal status of the classification society. I understand and contribute to the study of how to undertake responsibility for third people.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D913

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