Maritime security is related to life、property and environment，is the core of maritime legal regulations。To cope with various problems facing maritime safety，国际社会制定了大量涉及海上安全、Security、Prevention of ship pollution and the International Maritime Convention related to seafarers。With the continuous development of navigation technology，Especially the ship's large -scale、After the transportation of containers is universal，Maritime transport risk presents a lot of new expression forms。On the whole，Maritime security obligations of both parties of the ship，Whether in the field of public law，Still in the field of private law，All being continuously strengthened。

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　　船货双方是航海事业的共同体，安全是船货双方需要共同遵守的义务。For the carrier，Ship Airlines Obligations and Prices Obligations are its core obligations。With the continuous development of container transportation，Package of the consignor、Declars of cargo、Properly consignment of dangerous cargo obligations are becoming more important for maritime safety。

Due to international maritime security standards, it is continuously improved，Objects for the Obligations of the carrier，Gradually from the traditional ship itself，Extending to technical operations and behavioral specifications related to navigation。According to the SOLAS Convention，Captain should formulate a complete and detailed voyage plan before sailing to ensure sailing safety and protection of the bet365 Play online games marine environment，​​Navigation plan defects will cause ships to be stranded in the supervision of the port country。In the CMA CGM Libra case，British court thinks，The crew is not careful to deal with it，Prepared a defective voyage plan，致使船舶离开航道并导致船舶搁浅，属于承运人未谨慎处理使船舶适航。The British court further emphasized，It's like preparing material supplements before sailing，Ship offsets include files including the ship should be equipped with appropriate sea maps，Before the ship is sailing，Deadly navigation plans prepared by the ship，Like the unprecedented ships of sea map，All belong to the "characteristics" of ships that may cause ships' discomforts。

　　根据国际保险市场的分析报告，Many container ship fires and explosions are caused by the goods itself，The fundamental reasons include the error classification and declaration of dangerous goods。Article 68 of my country's "Sea Commercial Law" stipulates the consignment of dangerous goods for the shipper。This article also stipulates that the shipper's damage to the carrier's transportation of such goods，Applicable strict responsibility。Is the consignor stipulated in Article 68 of the Sea Commercial Law during the transportation of dangerous goods and cargo transportation directly to the actual consignor? When the dangerous goods are not reported truthfully，Can the carrier be in accordance with Article 68 of the "Sea Commercial Law"，Requires the shipper and the actual consignor to assume joint responsibility，my country's current laws do not clearly stipulate。In the case of the case of the plaintiff Herbot Co., Ltd. and the defendant Xinhua Haitian North International Freight (Tianjin) Co., bet365 best casino games Ltd.，The court directly identified Article 68 of the "Sea Commercial Law".，进一步强化了托运人的安全义务。The Latest Sea Business Law Modification Suggestion Draft adopted this view，Almost all the obligations of the shipper are applied to the actual consignor，Standardized the responsibility between the shipper and the actual consignor，Allows the recovery between the two parties。

　　Reasonable limiting civil legal consequences of the ship's violation of security obligations

For the boat，Ship Disopoly Airlines is the main manifestation of its violation of security obligations，But the legal consequences generated by the two aspects of the two aspects of the two aspects of the unsuitable sailing are different。Ship discomfort stipulated in the administrative regulations of maritime safety administration will have the consequences of maritime administrative penalties，But if it does not cause loss or has no direct causality with the loss，But there is no need to assume civil legal liability。Take maritime insurance as an example，The legal consequences of the insurance clause in the ship insurance contract to the legal consequences of the insured's violation of ship's aviation obligations，There are usually two situations。一是船舶不适航时保险人免责条款，Second is the "guarantee" clause that is commonly referred to。Some insurance clauses in order to clarify the legal consequences of the ship's discomfort，Clearly states that "whether the ship's discomfort is in the cause and effect of the insurance accident，Insured people exempt liability "。When the insured violates the obligation of shipping or guarantee the terms，Do you need to consider causal relationships with insurance accidents，bet365 best casino games There is a situation where there is no unity in judicial practice。

Disposable ships in the coast and inland transportation、The situation of surpassing navigation in the navigation area is more common，Passionate threats to maritime security。In a dispute over the sea waters such as Chen Moumou and the People's Property Insurance Co., Ltd. Gaochun Branch Company,，The court thinks，The ship involved in the case is not equipped with a suitable crew，Establishing a ship's unwelling。At the same time，The court's investigation conclusion of "improper operation of crew operations caused by the accident" made by the court，It is determined that the driver of the class does not hold the "Inland Ship Chigor Certificate"，Driving a ship illegally has a direct causal relationship for the accident，Therefore, the insurer is not liable for compensation in accordance with the exemption clause in the insurance contract。

Legal consequences of the boat beyond the voyage area of ​​violations of guarantee obligations，Do you need to consider the causal relationship between the violation of the guarantee obligation and the insurance accident? Article 235 of my country's "Sea Commercial Law" stipulates this。But the method explained according to the text，This article does not require violations of guarantee obligations and insurance accidents.，As long as the insured violates the guarantee obligation，The insurer has the right to terminate the insurance contract。This strict explanation method is common in Chinese judicial cases.。The guarantee system in maritime insurance originated from the British "1906 Maritime Insurance Law"，This law and judicial cases adopted a strict explanation method on the insured's violation of guarantee: guarantee Bet365 lotto review is a condition that must be strictly observed，How about the cause and subjective state of the insurer that violates the guarantee，As long as it is guaranteed that it is not strictly observed，The insurer can advocate guarantee that it is violated。If the insured does not follow the guarantee，保险人的保险赔偿责任自动解除，Unless the parties have another agreement。This strict explanation method has led to the imbalance between the rights and obligations between the insurer and the insured，Bar affects the international competitiveness of the British insurer。The British "2015 Insurance Law" modified this，In particular, there should be a causal relationship between the insured's violation of guarantee obligations and insurance accidents。The principle of the modification has been absorbed by the latest maritime law amendment.，It will also have an impact on my country's maritime judicial practice。

　　Fully draw on the principle of explanation that meets the spirit of the International Convention

The responsibility of the carrier unit is limited in the field of transportation method to be widely applicable，Maritime compensation liability limit is a unique system in shipping law。Different compensation principles in civil law，Responsible persons to enjoy a legal restrictions on compensation liability system can be interpreted as "special rights"。But this special right is not absolute，"intentionally or knowing might cause losses and lightly actions or inaction" has gradually developed into a condition for the responsible person to lose such special rights。"Knowing that it might cause losses and take it lightly or inaction"，known as "Fauxcusable"，The earliest originated from France's legislation bet365 Play online games in the labor field on April 8, 1898，After the aviation method was transplanted to the field of shipping。Practice in Chinese maritime affairs，Definition of this fault，Lack of relatively unified standards，Some jurisprudence equates this mistake with "major negligence"，有的判例将其界定为“间接故意”，It is difficult for maritime judicial practice。

International Maritime Judicial Practice Display，There are two different attitudes: "subjective evaluation" and "objective evaluation" of "unforgivable faults"。British court thinks，The responsibility limit of the carrier is difficult to be broken (Unbreakable)，Requires the plaintiff to prove that the carrier "knows it may cause such losses"，采用了严格的“主观评价”标准，采用了严格的“主观评价”标准。Comparison of comparison，Many countries have adopted a more favorable judicial attitude to the victim，"Objective Evaluation" standard，The victim only proves that the carrier "should know that the negligence may cause loss"。Many jurisprudence in my country's maritime judicial practice adopts the standard of "objective evaluation"。In the case of the collision damage liability of Jiang Moumou and Lin Moumou，The court thinks，The owner of the ship did not fulfill the obligation to manage the safety management of the ship，The hazard that is not enough and the possibilities of the crew to be inadequate and uncomfortable with the crew should be foreseeable，constitutes "Knowing that it may cause losses and do it lightly or inaction"，No right to enjoy maritime compensation liability limit。

To protect the interests of the ship，The fault of the ship hired or an agent of the ship is not of course the legal consequences of the disadvantage to Bet365 app download the ship。Law of sailing、Restrictions on the responsibility of the carrier unit、Maritime compensation liability all emphasizes the error of the responsible person "himself"，The carrier or the owner of the ship is not the captain who hired、The "unforgivable fault" of the crew and the right to lose the liability restrictions on the unit or the limitation of maritime compensation liability。In Zhenjiang Water Company to sue South Korea Development Bank Investment Co., Ltd. water pollution damage compensation dispute,，The court distinguishes the consequences of the behavior of the ship owner with the consequences of their employees or agents，认定船舶所有人不因其雇佣的船长、The intention of the crew's intention or "knowing that it may cause losses or does not act or does not act" and loses the right to maritime compensation liability。

　(The author is the president of the sea business court of Wuhan Maritime Court)