邮轮公司赔偿责任限制制度研究

• 作者: 褚思宇 赵强
• 来源期刊: 中国法学:英文版
• 学科: 交通运输
• 关键词: 赔偿责任限制 TRAVEL LEGAL
• 年，卷（期）: 2020,（3）
• 页码范围: 117-139
• 页数: 23页
• 分类号: U46

摘要

As a new form of tourism in China,more and more tourists choose to take a cruise as their way of leisure,entertainment and vacation.However,the cruise tourism industry started rather late in China,and the relevant laws and regulations are not perfect.When a cruise passenger suffers loss of life or personal injury or property damage,the cruise company is in an advantageous position as the relatively strong party.In addition,the legal relationship among the cruise company,the travel agency and the passenger has not been clarified,and the rights and obligations are not clear enough.As a result,the cruise company and travel agency tend to shirk liabilities to each other,and the rights and interests of the cruise passenger cannot be fully protected.Thus,this paper mainly studies the rights of limitation of liability that the cruise company enjoys in China’s cruise tourism,analyzes the characteristics of cruise tourism,sorts out the legal relationship between the cruise company,the travel agency,and the passenger in cruise tourism,and discusses the provisions of China’s laws regarding the system of the limitation of liability of cruise companies,so as to analyze its shortcomings and makes suggestions on how to improve the relevant system.