无人船舶碰撞法律责任问题研究

Research on Legal Liability Issues of Unmanned Ship Collisions

摘要: 本文聚焦无人船舶碰撞责任的法律问题，基于自动化程度差异，分析远程控制与自主航行船舶的责任分配。指出现行法律对无人船舶的法律地位界定模糊，传统过错归责原则在技术故障场景中面临适用困境。研究认为，远程控制船舶岸基人员可类比传统船员担责，自主航行船舶的系统缺陷需生产商承担严格责任，同时船舶所有人应基于“实际控制与受益”原则承担替代责任。建议从国际层面明确无人船舶及岸基人员的法律地位，借鉴自动驾驶汽车的分级归责模式，通过技术故障程度划分责任边界，构建兼顾海事规则与产品责任的风险平衡体系。

Abstract: This article focuses on the legal issues regarding liability in unmanned ship collisions. Based on the differences in automation levels, it analyzes the liability allocation for remote-controlled and autonomous navigation ships. It points out that the current laws have a vague definition of the legal status of unmanned ships, and the traditional principle of fault-based liability attribution faces difficulties in application in technical failure scenarios. The research suggests that the shore-based personnel of remote-controlled ships can be held responsible in a similar manner to traditional crew members, the system defects of autonomous navigation ships should be borne by the manufacturers with strict liability, and at the same time, the ship owners should assume the alternative liability based on the principle of “actual control and benefit”. It is recommended to clarify the legal status of unmanned ships and shore-based personnel at the international level, draw on the classification and liability attribution model of autonomous vehicles, divide the liability boundaries based on the degree of technical failure, and construct a risk balance system that takes into account maritime rules and product liability.