互有过失船舶碰撞对第三人赔偿责任研究

A Study on the Liability to the Third Party in Ship Collision Caused by Joint Negligence

摘要: 船舶在海上航行，常有发生碰撞之危险。根据现行《海商法》规定，互有过失船舶碰撞中，责任方对第三人的财产损害承担按份赔偿责任。随着我国航运业发展以及国际法律环境的变化，此条特殊法规定已经不适应我国海上贸易活动进一步发展的需要，也不利于保护受到损害的第三人权益。在与我国法律体系保持协调且不违背国际义务的前提下，为了确保此次《海商法》修订的科学性，建议将责任承担规则改成对外承担连带赔偿责任，并考虑引入最高连带责任额限制。

Abstract: There is always a risk of collision for ships when they are sailing at sea. According to the provisions of the current Maritime Law, in the collision of ships due to a joint negligence, the responsible parties shall be liable for the damage of the third party on a shared basis. With the development of China’s ship-ping industry and the change of the international legal environment, this special rule can no longer satisfy the requirements of the further development of China’s maritime trade activities, which is also not conducive to the protection of the rights and interests of the damaged third party. On the premise of maintaining coordination with China’s legal system and not violating the international obligations, in order to ensure the scientific nature of the revision of the Maritime Law, it is sug-gested that the mode of liability should be changed to joint and several liability, and it should be considered to introduce the maximum limit for the bearing of the liability.