海上人身伤亡案件的法律适用

海上人身伤亡案件受害人有权选择请求加害方承担违约或侵权责任。违约或侵权行为是否构成应根据民法通则、海商法、合同法、劳动法等法律法规确定。违约责任以严格责任为一般原则,海商法规定承运人对旅客承担过错责任不合理。一般侵权行为归责原则为过错责任,而特殊侵权行为为无过错责任。现行的关于海上人身伤亡赔偿的法律、行政规章和司法解释对赔偿范围、损失计算、责任限制的规定标准不一,相互不协调,应予修正。

Application of law in trial of cases concerning personal injury or death occurring in the sea

The party suffering injury or death in the sea has the option to claim damages by contract or by tort. Whether an action establishes breach of contract or tort, it should be referred to civil law, maritime law, contract law, labour law and other legal regulations. Strict liability is the basic principle of the liability of breach of contract, so it is unreasonable that the carrier only take fault liability to the passengers in contract of carriage of passengers by sea. Fault liability is the basic principle of the liability in normal tort actions, at the same time; non-fault liability should be applied in the special tort actions. The standardizations are different in the scope of compensation, figure of loss, limitation of liability with the effective laws, regulations and judicial interpretations concerning personal injury or death occurring in the sea. It should be revised to cooperate with each other.