Inland waterways may not be directly subject to maritime liability

Legal analysis: The limitation of liability for maritime compensation refers to the system of limiting the total liability of the responsible person to a certain limit for the loss of life, cargo, and other grinding property caused by the ship during the operation of the ship. For losses of contractual or non-contractual rights incurred on board the ship, or directly related to the operation or salvage of the ship, including losses caused by delay in delivery, the liable person may apply the "limitation of liability for maritime compensation" and adopt the general limitation of liability.

Compared with the carrier's "limitation of liability" system for the loss of goods under the contract of carriage, the limitation of liability for maritime claims applies to a wider range of liable persons, including ship owners, ship operators and charterers, and the types of liability and accidents applicable to it are also wider, not only limited to the loss of goods, but also may be applicable to both contractual and tortious debts. However, the two limitation of liability regimes are interrelated. For example, the aggregate limit may be invoked when the aggregate liability of the carrier for each shipment under the contract of carriage exceeds the total limitation of compensation granted by law.

The limitation of liability for maritime claims applies to all liabilities in an accident or a voyage, and the specific limit can also be calculated according to different standards.

Legal basis: Maritime Law of the People's Republic of China

Article 1 This Law is enacted for the purpose of adjusting the relationship between maritime transport and ships, safeguarding the legitimate rights and interests of all parties, and promoting the development of maritime transport and the economy.

Article 2 For the purposes of this Law, the term "maritime transport" refers to the carriage of goods and passengers by sea, including direct transport between the sea and the river and between the river and the sea.

The provisions of Chapter IV of this Law on the contract of carriage of goods by sea shall not apply to the carriage of goods by sea between the ports of the People's Republic of China.

Article 3 The term "ships" as used in this Law refers to seagoing vessels and other maritime mobile devices, except for ships used for military and official business and small vessels of less than 20 gross tons.

The term "ship" as used in the preceding paragraph includes ship attachments.

Article 4 Maritime transport and towing between ports of the People's Republic of China shall be operated by ships flying the national flag of the People's Republic of China. However, except as otherwise provided by laws and administrative regulations.

Without the approval of the competent department of transportation, foreign ships are not allowed to operate maritime transportation and towing between ports of the People's Republic of China.

The determination of liability for water traffic accident refers to the qualitative conclusion made by the maritime safety administration in accordance with the laws and regulations on the safety management of water traffic and the use of navigation professional technology after ascertaining the cause of the accident. "Regulations of the People's Republic of China on the Investigation and Handling of Accidents in Inland River Traffic and Suitong" Article 11 The maritime safety administration at the place where the accident occurred shall be responsible for the investigation and handling of the accident in the area where the accident occurred. If a ship or floating facility sails to waters other than the place where the accident occurred after an accident, the maritime safety administration of the water area shall assist the maritime safety administration at the place where the accident occurred in conducting investigation and handling.

Minor accidents that do not affect the seaworthiness of the ship may be investigated and handled by the maritime safety administration at the place where the accident occurred with the consent of the maritime safety administration at the place where the accident occurred.

<>, in the Law on the Contract of Carriage of Goods by Sea and the Law on the Contract of Carriage of Passengers, there are provisions on the system of limitation of liability of the carrier or the system of limitation of liability of the unit. Although the name of the carrier's limitation of liability and the limitation of liability of maritime claims are similar, they are two different limitation of liability regimes. The limitation of the carrier's liability is the maximum amount of compensation the carrier can pay for a piece or unit of cargo, or the maximum amount of compensation per passenger or piece of baggage.

The limitation of liability for maritime compensation is the maximum amount of compensation claimed by the limitation entity for all compensation caused by an accident. There are many differences between the two in terms of the subject of the limit, the amount of the limit, the conditions for the loss of the limitation of liability, and the circumstances under which it is applied. However, both liability limitation regimes may also work at the same time.

Subject conditions. Subject.

Traditionally, only the owner of the ship has the right to request a limitation of liability, so the limitation of liability regime is known as the "shipowner limitation regime". However, with the development of shipping, the operation and management mode of ships is becoming more and more complex, and there are more and more people who bear shipping risks and are responsible for ships, which are no longer limited to ship owners. According to the Maritime Law, the subjects of China's limitation of liability for maritime compensation include the following four categories:

1. Ship owners, including ship charterers and ship operators;

2 Rescuers;

3 Persons who are responsible for the acts and faults of the ship's owners and salvors, which mainly refer to the master, crew and other employed persons;

4. The liability insurer liable for the claim for maritime compensation.

Condition. The subject of liability does not enjoy the limitation of liability in all cases. If it is proved that the loss giving rise to the claim for compensation was caused by the reckless act or omission of the responsible person intentionally or with knowledge that the loss might be caused, the responsible person has no right to claim a limitation of liability. <>