论船舶所有人责任限制

国际海上运输与其它运输方式相比,具有较大的危险性,且海上危险具有全损性,一旦发生海上事故,实行一般民法损害赔偿的“所受损害及所失利益”的“完全赔偿”方法,不利于船舶所有人的资本保护。因此,为了适应国家发展需要,鼓励和扶持航海事业,各国海商立法大都对船舶所有人责任加以限制。但是,鉴于船舶所有人责任限制政策影响索赔人权益甚巨,国际公约及各国立法趋向对船舶所有人的责任限制力求合理与公平,即船舶所有人责任制度已由纯粹保护船舶所有人的传统做法,逐渐转型为兼顾社会利益与债权人利益的做法。

On Limitation of Liabilities of a Shipowner

Compared with other modes of transportation,international ocean transportation involves more risks,which includes total loss.Once there occurs a peril of the sea,a shipowner's capital cannot be adequately protected by the "complete compensation" for "the damage and loss suffered," which is a compensatory way popular in civil law.To meet the requirement of national development and to encourage and support the shipping industry,many countries have limited the liabilities of a shipowner in maritime legislations.However,since the limitation of liabilities of a shipowner has much to do with the claimants' interests,international conventions and laws in all countries incline to seek justice and equity in limiting the liabilities of a shipowner.Thus,while determining the limitation of a shipowner's liabilities,people have gradually changed their traditional notion that is purely for the protection of a shipowner's benefit to concurrently caring for social as well as creditors' interests so as to pursue a balance.