摘要
Abstract
Before the revision of the Maritime Traffic Safety Law,opinions differ on whether litigation can be brought against the investigation and liability identification of maritime traffic accidents.Based on analysis from the perspectives of attributes of action,impact consequences,and power remedies,the investigation and liability identification of maritime traffic accidents should not be subject to litigation.Article 85 of the new Maritime Traffic Safety Law stipulates that the report of identification of liability for the maritime traffic accident shall be used as the evidence for handling the accident,which is of positive significance to unify the understanding of all parties and promote the investigation into maritime traffic accidents.Presently,the investigation into maritime traffic accidents and the liability identification are not actionable,therefore,the maritime administration should continue to improve the work mechanism of maritime traffic accident investigation,determine liabilities in a fair and just manner,strengthen the protection of the legitimate rights and interests of the parties,and serve the high-quality development of the shipping industry.关键词
水上交通事故调查/责任认定/行政诉讼Key words
maritime traffic accident investigation/identification of liability/administrative litigation分类
社会科学
