中国海事赔偿责任限制基金设立程序问题研究

As a particular system with a long history in maritime law, the limitation of liability for maritime claims was recorded in the “Amalphitan Table” in the 11th century as early as the content of the right to limitation of liability enjoyed by maritime entities. Although the details of the limitation of the liability system differ, its purpose is to enable the relevant subjects engaged in the maritime industry to protect their interests by exercising the rights conferred by law through this system to disperse the risk-taking of the maritime industry, Promote the steady operation and rapid development of the maritime industry. The procedure for establishing a limitation fund for maritime claims is an essential means to realize the value of the limitation of liability system, and its due procedural guarantee is an inevitable condition for realizing rights and obligations. However, due to the foreign-related and territorial characteristics of maritime law, such as the maritime subjects involved may exceed the scope of their subjects, and the geographical area where maritime disputes occur may also involve foreign fields, etc. Making the established procedures of the limitation fund by countries more complicated. For China, although the relevant provisions of international conventions are dialectically absorbed in the process of formulating the limitation fund for maritime claims based on the actual situation of the country, there are still some problems in the application of some provisions, such as the fuzzy examination standards in the process of establishing the limitation fund for liability, the complicated and time-consuming procedure of establishing the fund, etc. These problems, to a large extent, hinder the aims of those responsible for establishing the fund. Therefore, this paper mainly analyzes the existing deficiencies and defects in the legislation of China's current fund establishment procedure, further discusses the rationality of relevant international conventions and legislation of non-regional countries related to this procedure, and then puts forward new suggestions for the improvement of China's fund establishment procedure.