碩士 / 國立臺灣海洋大學 / 商船學系 / 102 / When a ship collision occurred, it might be involve in Civil, Criminal, Administrative liability. The issue of this study is to clarify the evidence collection of each liability which may be required, up to the jurisdiction and law application which derived from the accident. This study is limited to discuss the ship collisions which happened on sea area of ROC’s jurisdiction, whether Taiwan has the right to judge for the accidents isn’t the scope of this study.
Due to the unpredictable risks of the sea activities, lots of international conventions and regulations are instituted in order to solve the disputes of property damage and reimbursement which caused by ship collisions. In judicial practice, however, the property disputes of ship collisions still happen constantly. Thus, clarification of ship collisions and the burden of proof are emphasized issues.When the ship accident occurred at sea, for the reasons and process of the accident, in addition to a statement of the crew, the other as evidence migration, vessel data records, etc. they can be appear the fact after the accident, but on the perpetuation and inspection of evidence, which is important to note and which is necessary to collect, there is a considerable degree of difficulty issues on execution.
In Taiwan, major traffic safety agency on sea is Maritime and Port Bureau, Ministry of Transportation and Communications (MOTC) and Coast Guard Administration, Executive Yuan. The Group for Investigation of Marine Casualties is focused on the reason of collisions. And the collection of relevant evidence is conducted by Coast Guard. In this paper, literature review, cases-study comparative analysis, and inductive method will be conducted to clarify the liability of ship collision, analyzing the rules of evidence collection in other countries, in order to build a model for Guard’s current situation, procedures, investigation report of accident, and how to collect evidence when the collision occur. Furthermore, through this model, we can advise Maritime and Port Bureau, MOTC to accelerate the formulation of Maritime traffic safety law to seek proper law and way on evidence collection and procedure to establish the sources of maritime law when officials are on their duties.; through this model, we can have the sample to follow and know how to reserve the evidence in time and on judicial practice, to offer the useful evidence. Besides, we can establish a data base for collisions and combine it with the vessel monitoring system. It can not only secure the human lives and properties and clarify the subsequent liabilities, but also can prevent and minimize the time handling the maritime disputes and reduces the disputes.
| Identifer | oai:union.ndltd.org:TW/102NTOU5728020 |
| Date | January 2014 |
| Creators | Hung, Ning-Ya, 洪甯雅 |
| Contributors | Liu, Chung-Ping, 劉中平 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 144 |
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